Regina v Pheeney [2002] NSWCCA 278

Regina v Pheeney [2002] NSWCCA 278

The application for leave to appeal was refused as the sentencing judge was careful and correct in imposing the sentence and there was no objective basis for a justifiable sense of grievance due to parity.

Parties
Respondent: Regina; Applicant: Glenn Raymond Pheeney
Jurisdiction
Australia
Judgment Date
25 June 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused
Legal Topics
Parity of Sentence
Criminal Law Parity of Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Glenn Raymond Pheeney

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether there was a lack of parity in sentencing compared to co-offender Green
  2. 2 Whether applicant has a justifiable sense of grievance in light of sentences imposed on co-offenders

Ratio Decidendi

The application for leave to appeal was refused as the sentencing judge was careful and correct in imposing the sentence and there was no objective basis for a justifiable sense of grievance due to parity.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused