HL v Regina; YG v Regina [2014] NSWCCA 43

HL v Regina; YG v Regina [2014] NSWCCA 43

The sentencing judge appropriately considered the strength of the Crown case only in relation to remorse and contrition. Differences in the applicants' ages, lack of remorse, level of involvement, and the victim empathy between co-offender AT and the applicants justified the recording of a conviction against the applicants, meaning the parity principle was not offended.

Parties
Applicant: HL; Applicant: YG; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
03 April 2014
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Application for Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Demand Money by Force, Parity Principle, Recording of Conviction
Criminal Law Sentence Appeal Demand Money by Force Parity Principle Recording of Conviction

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Parties

HL

Applicant

YG

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Application for Leave and Substantive Appeal

Legal Issues

  1. 1 Whether the strength of the Crown case was improperly considered in discounting for guilty plea
  2. 2 Whether the applicants suffered manifest disparity in sentence compared to co-offender AT (parity principle)

Ratio Decidendi

The sentencing judge appropriately considered the strength of the Crown case only in relation to remorse and contrition. Differences in the applicants' ages, lack of remorse, level of involvement, and the victim empathy between co-offender AT and the applicants justified the recording of a conviction against the applicants, meaning the parity principle was not offended.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.