Borg v R [2019] NSWCCA 129
The marked disparity between the applicant's sentence and that of his co-offender, in circumstances where the applicant's offence was found to be less serious and he had a strong subjective case, gave rise to a justifiable sense of grievance. This required intervention and resentencing, notwithstanding some factual differences between the two sentencing exercises.
- Parties
- Applicant: George Borg; Respondent: The Crown
- Jurisdiction
- Australia
- Judgment Date
- 21 June 2019
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Appeal allowed; applicant resentenced.
- Legal Topics
- Sentencing, Parity Principle, Appeals Against Sentence, Joint Criminal Enterprise, Murder
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Borg
Applicant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether there was an unjustifiable disparity between the applicant's sentence and that of his co-offender so as to give rise to a justifiable sense of grievance.
Ratio Decidendi
The marked disparity between the applicant's sentence and that of his co-offender, in circumstances where the applicant's offence was found to be less serious and he had a strong subjective case, gave rise to a justifiable sense of grievance. This required intervention and resentencing, notwithstanding some factual differences between the two sentencing exercises.
Court Disposition
Appeal allowed; applicant resentenced.
Orders
- Grant the applicant leave to appeal.
- Appeal allowed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment