Piao v R [2019] NSWCCA 154

Piao v R [2019] NSWCCA 154

No justifiable sense of grievance arises from the disparity between the applicant's sentence and those of his co-offenders, as the differences are justified by differences in evidence, facts, and subjective cases before the sentencing courts. There was no error by the sentencing judge in not taking the applicant's remorse into account, as the evidence was insufficient to establish genuine remorse.

Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Appeal Against Sentence / Decision on Application for Leave to Appeal and Appeal Against Sentence
Outcome
Appeal against sentence dismissed
Legal Topics
['sentencing' 'parity Principle' 'appeals Against Sentence' 'drug Offences']
['criminal Law'] ['sentencing' 'parity Principle' 'appeals Against Sentence' 'drug Offences']

Case Brief

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Procedural Posture

Appeal Against Sentence / Decision on Application for Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ["Whether sentences imposed on applicant's co-offenders give rise to a justifiable sense of grievance under the parity principle" "Whether the sentencing judge erred by not taking into account the applicant's remorse"]

Ratio Decidendi

No justifiable sense of grievance arises from the disparity between the applicant's sentence and those of his co-offenders, as the differences are justified by differences in evidence, facts, and subjective cases before the sentencing courts. There was no error by the sentencing judge in not taking the applicant's remorse into account, as the evidence was insufficient to establish genuine remorse.

Court Disposition

Appeal against sentence dismissed

Orders

  • ['Extension of time to file Notice of Application for Leave to Appeal to 19 December 2018 granted.' 'Leave to appeal granted.' 'Appeal against sentence dismissed.']