Dunn v R [2018] NSWCCA 108

Dunn v R [2018] NSWCCA 108

Parity principles do not apply where an offender is sentenced for an offence but co-offenders have the corresponding offence taken into account only via Form 1; prosecutorial discretion in charging is not subject to review on parity grounds and no comparison can be made between penalties where different procedural mechanisms are used.

Jurisdiction
Australia
Judgment Date
04 June 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused.
Legal Topics
['sentencing' 'parity Principle' 'prosecutorial Discretion' 'form 1 Offences' 'supply of Prohibited Drugs']
['criminal Law'] ['sentencing' 'parity Principle' 'prosecutorial Discretion' 'form 1 Offences' 'supply of Prohibited Drugs']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the parity principle applies where an offender is sentenced for an offence that is included as a Form 1 offence for co-offenders' 'Whether a justifiable sense of grievance arises from different procedural approaches to sentencing co-offenders']

Ratio Decidendi

Parity principles do not apply where an offender is sentenced for an offence but co-offenders have the corresponding offence taken into account only via Form 1; prosecutorial discretion in charging is not subject to review on parity grounds and no comparison can be made between penalties where different procedural mechanisms are used.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']