Youkhana, Jerome v R [2011] NSWCCA 37

Youkhana, Jerome v R [2011] NSWCCA 37

Although the applicant's case was more serious than Ta's and the applicant should have received a greater sentence, the disparity between Ta's sentence of 2 years and 3 months and the applicant's 7 year sentence for the commercial supply offence was marked. Ta's sentence was unduly lenient, so full equalisation...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 March 2011
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal allowed.
Legal Topics
['appeal Against Sentence' 'parity Between Co Offenders' 'drug Supply Offences' 'inadequate Sentence Imposed Upon Co Offender' 'limited Appellate Interference']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'parity Between Co Offenders' 'drug Supply Offences' 'inadequate Sentence Imposed Upon Co Offender' 'limited Appellate Interference']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether there was an unacceptable disparity between the applicant's sentences and the sentences imposed on the related offender, Hai Hong Ta." "Whether any sense of grievance arising from the disparity was legitimate given the respondent's contention that Ta's sentence was unduly lenient." 'Whether the sentence for supplying a commercial quantity of a prohibited drug should be reduced, and if so to what extent.']

Ratio Decidendi

Although the applicant's case was more serious than Ta's and the applicant should have received a greater sentence, the disparity between Ta's sentence of 2 years and 3 months and the applicant's 7 year sentence for the commercial supply offence was marked. Ta's sentence was unduly lenient, so full equalisation would be inappropriate, but limited intervention was warranted by reducing the applicant's commercial supply sentence to the bottom of the range properly reflecting his objective and subjective criminality.

Court Disposition

Leave to appeal granted. Appeal allowed.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Confirm the sentences for the offences of supplying an indictable quantity of a prohibited drug and of supplying a prohibited drug on an ongoing basis.' 'Quash the sentence imposed for the offence of supplying a commercial quantity of a prohibited drug and in lieu,...