Bond v R [2020] NSWCCA 277

Bond v R [2020] NSWCCA 277

The differentiation between the applicant's sentence and Mr Newport's sentence was justified due to differences in the statutory non-parole period, number and seriousness of offences, Form 1 matters, subjective circumstances, and especially Mr Newport's exceptional rehabilitation. The sentencing judge considered and applied relevant principles, rendering the complaint of unjust disparity unsustainable.

Parties
Appellant: Hugh Bond; Respondent: Crown
Jurisdiction
Australia
Judgment Date
28 October 2020
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal (post Sentence)
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentence Appeal, Supply Commercial Quantity Methylamphetamine, Parity Principle, Standard Non Parole Period, Rehabilitation, Form 1 Offences
Criminal Law Sentence Appeal Supply Commercial Quantity Methylamphetamine Parity Principle Standard Non Parole Period Rehabilitation Form 1 Offences

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Parties

Hugh Bond

Appellant

Crown

Respondent

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal (post Sentence)

Legal Issues

  1. 1 Whether a justifiable sense of grievance arises due to disparity between co-offender sentences
  2. 2 Whether differences between the appellant and co-offender justified differentiated sentences under the parity principle

Ratio Decidendi

The differentiation between the applicant's sentence and Mr Newport's sentence was justified due to differences in the statutory non-parole period, number and seriousness of offences, Form 1 matters, subjective circumstances, and especially Mr Newport's exceptional rehabilitation. The sentencing judge considered and applied relevant principles, rendering the complaint of unjust disparity unsustainable.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed.