Hitchen v R [2021] NSWCCA 293

Hitchen v R [2021] NSWCCA 293

The sentencing judge was entitled to find, on the totality of the uncontested documentary evidence, that the applicant was a junior member of a partnership with his brother to supply drugs and that the sentence imposed was within the range open on the facts, reflecting the objective seriousness, absence of remorse, and limited prospects of rehabilitation. The parity principle was appropriately applied, and there was no justifiable sense of grievance demonstrated. Accordingly, no error was established in the exercise of the sentencing discretion.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['appeal Against Sentence' 'knowingly Take Part in Supply of Commercial Quantity of Methylamphetamine' 'possess Unauthorised Firearm' 'objective Seriousness' 'manifest Excess' 'parity' 'remorse' 'guilty Plea Discount' 'prospects of Rehabilitation']
['criminal Law'] ['appeal Against Sentence' 'knowingly Take Part in Supply of Commercial Quantity of Methylamphetamine' 'possess Unauthorised Firearm' 'objective Seriousness' 'manifest Excess' 'parity' 'remorse' 'guilty Plea Discount' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the applicant's role in the drug supply offence" 'Whether the sentence was manifestly excessive' 'Whether there was a justifiable sense of grievance due to lack of parity with co-offender']

Ratio Decidendi

The sentencing judge was entitled to find, on the totality of the uncontested documentary evidence, that the applicant was a junior member of a partnership with his brother to supply drugs and that the sentence imposed was within the range open on the facts, reflecting the objective seriousness, absence of remorse, and limited prospects of rehabilitation. The parity principle was appropriately applied, and there was no justifiable sense of grievance demonstrated. Accordingly, no error was established in the exercise of the sentencing discretion.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']