Meager v R [2009] NSWCCA 215

Meager v R [2009] NSWCCA 215

The applicant and Ms Collier were not co-offenders so the parity principle is not applicable; the sentence imposed is within the legitimate range of sentencing discretion and is not manifestly excessive.

Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Sentence Appeal / Application for Leave to Appeal and Appeal Determination
Outcome
Leave to appeal allowed; appeal dismissed
Legal Topics
['sentence Appeal' 'supply of Prohibited Drug' 'parity Principle' 'manifest Excess']
['criminal Law'] ['sentence Appeal' 'supply of Prohibited Drug' 'parity Principle' 'manifest Excess']

Case Brief

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ['Whether parity principle applies between applicant and Ms Collier' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The applicant and Ms Collier were not co-offenders so the parity principle is not applicable; the sentence imposed is within the legitimate range of sentencing discretion and is not manifestly excessive.

Court Disposition

Leave to appeal allowed; appeal dismissed

Orders

  • ['Leave to appeal allowed' 'Appeal dismissed']