Clarke v R [2021] NSWCCA 248

Clarke v R [2021] NSWCCA 248

There was a marked differential in the application of the totality principle to the applicant as compared to his co-accused, resulting in a greater aggregate sentence for the applicant despite similar total indicative sentences and objective circumstances; there being no proper basis for such a discrepancy, the applicant's sentence should be reduced to match that of his co-accused.

Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
['sentencing' 'parity Principle' 'aggregate Sentences' 'appeals Against Sentence']
['criminal Law'] ['sentencing' 'parity Principle' 'aggregate Sentences' 'appeals Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether there was a justifiable sense of grievance at the disparity between the applicant's aggregate sentence and that of his co-accused" 'Whether the differential application of the totality principle led to a marked or clearly unjustifiable disparity between sentences']

Ratio Decidendi

There was a marked differential in the application of the totality principle to the applicant as compared to his co-accused, resulting in a greater aggregate sentence for the applicant despite similar total indicative sentences and objective circumstances; there being no proper basis for such a discrepancy, the applicant's sentence should be reduced to match that of his co-accused.

Court Disposition

Appeal allowed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal allowed' 'Aggregate sentence imposed on 11 June 2020 set aside' 'Applicant sentenced to an aggregate sentence of 12 years imprisonment commencing on 1 May 2018 and expiring on 30 April 2030 with a non-parole period of 7 years commencing on 1 May 2018 and expiring...