Kelly v R [2017] NSWCCA 256

Kelly v R [2017] NSWCCA 256

A comparison of the applicant's sentence and the co-offender’s indicative sentence for the common offence reveals no justifiable sense of grievance; all sentence components, including aggregate sentences and sentences for unrelated offending, must be considered for parity. The applicant's period in custody solely referable to the common offence is not determinative and does not breach the parity principle in this case.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Decision
Outcome
Application for leave to appeal refused
Legal Topics
['sentencing' 'parity Principle' 'appeals Against Sentence']
['criminal Law'] ['sentencing' 'parity Principle' 'appeals Against Sentence']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether there was a lack of parity between the applicant's sentence and the co-offender’s sentence" "Whether the applicant has a justifiable sense of grievance arising from the co-offender's sentence"]

Ratio Decidendi

A comparison of the applicant's sentence and the co-offender’s indicative sentence for the common offence reveals no justifiable sense of grievance; all sentence components, including aggregate sentences and sentences for unrelated offending, must be considered for parity. The applicant's period in custody solely referable to the common offence is not determinative and does not breach the parity principle in this case.

Court Disposition

Application for leave to appeal refused

Orders

  • ['Application for leave to appeal be refused']