Regina v Freeman [2005] NSWCCA 460

Regina v Freeman [2005] NSWCCA 460

The real period of custody for the same offence should not be extended for the applicant due to cumulation of other sentences for a co-offender; a two-month disparity in minimum custody was marked within the total span and justified adjustment under the principle of parity.

Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
['sentencing' 'parity' 'co Offenders' 'aggravated Stealing']
['criminal Law'] ['sentencing' 'parity' 'co Offenders' 'aggravated Stealing']

Case Brief

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the appellant has a justifiable sense of grievance due to disparity in sentences imposed on co-offenders' 'Whether sentence discounts and commencement dates created unjustified disparity']

Ratio Decidendi

The real period of custody for the same offence should not be extended for the applicant due to cumulation of other sentences for a co-offender; a two-month disparity in minimum custody was marked within the total span and justified adjustment under the principle of parity.

Court Disposition

appeal allowed

Orders

  • ['Application for leave to appeal against sentence granted and appeal allowed.' 'Sentence imposed in the District Court quashed and in lieu thereof the applicant be sentenced to imprisonment consisting of a non parole period of one year and ten months commencing on 30 July 2004 and expiring on 29 May 2006, with a...