Corda v R [2014] NSWCCA 281

Corda v R [2014] NSWCCA 281

The sentencing judge did not err. The offence was properly assessed as above the middle range of objective seriousness because the applicant instigated and organised the offence for revenge, recruited and paid much younger co-offenders, supplied petrol, distanced himself from the crime, and caused the destruction of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted but appeal dismissed.
Legal Topics
['parity in Sentencing' 'objective Seriousness' 'accessory Before the Fact' 'aggravated Break and Enter and Commit a Serious Indictable Offence' 'destroy Property by Fire' 'standard Non Parole Period' 'personal Violence Orders']
['criminal Law' 'sentencing'] ['parity in Sentencing' 'objective Seriousness' 'accessory Before the Fact' 'aggravated Break and Enter and Commit a Serious Indictable Offence' 'destroy Property by Fire' 'standard Non Parole Period' 'personal Violence Orders']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give proper consideration to the principle of parity by inadequately considering the penalty imposed on Blake O'Connor." 'Whether the sentencing judge erred in finding that the offence was well and truly above the middle range of objective seriousness.']

Ratio Decidendi

The sentencing judge did not err. The offence was properly assessed as above the middle range of objective seriousness because the applicant instigated and organised the offence for revenge, recruited and paid much younger co-offenders, supplied petrol, distanced himself from the crime, and caused the destruction of the victim's home and contents. The disparity between the applicant's sentence and Blake O'Connor's sentence was justified by their different roles, ages, subjective circumstances, discounts and culpability; the applicant was considerably more responsible for the offending.

Court Disposition

Leave to appeal granted but appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']