Regina v Alvarez, Alvarez and McCulloch [2002] NSWCCA 283

Regina v Alvarez, Alvarez and McCulloch [2002] NSWCCA 283

The sentences imposed upon each applicant were appropriate given the number and seriousness of the offences, their respective criminal histories, and the material available regarding their subjective circumstances. Allegations of manifest excess and lack of parity were not established. Leave to appeal was granted but all appeals were dismissed.

Jurisdiction
Australia
Judgment Date
19 July 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Application for leave to appeal granted in each case but all appeals dismissed.
Legal Topics
['armed Robbery' 'multiple Offences' 'special Circumstances' 'parity of Sentence']
['criminal Law'] ['armed Robbery' 'multiple Offences' 'special Circumstances' 'parity of Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed on the applicants were manifestly excessive' 'Whether there was a justifiable sense of grievance regarding parity of sentence among co-offenders' 'Whether special circumstances were properly considered in sentencing']

Ratio Decidendi

The sentences imposed upon each applicant were appropriate given the number and seriousness of the offences, their respective criminal histories, and the material available regarding their subjective circumstances. Allegations of manifest excess and lack of parity were not established. Leave to appeal was granted but all appeals were dismissed.

Court Disposition

Application for leave to appeal granted in each case but all appeals dismissed.

Orders

  • ['Grant application for leave to appeal but appeal dismissed for Jamie Paul Alvarez;' 'Grant leave to appeal but appeal dismissed for Phillip Steven Alvarez;' 'Grant leave to appeal but appeal dismissed for John Anthony McCulloch.']