JMS v R [2010] NSWCCA 229

JMS v R [2010] NSWCCA 229

The applicant's assistance to authorities was exceptional and placed her and her family in danger, but the sentencing judge failed to give it sufficient recognition and imposed an identical sentence to that on her co-accused, resulting in a justifiable sense of grievance. The appropriate sentence should reflect both parity and the exceptional assistance given.

Jurisdiction
Australia
Judgment Date
08 October 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['sentencing' 'parity' 'assistance to Authorities' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'parity' 'assistance to Authorities' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in using the induced statement of the applicant as evidence of the objective gravity of the offences' 'Whether the sentencing judge erred in not taking into account the different circumstances of the applicant and the co-accused, imposing the same sentence on both, resulting in a legitimate sense of grievance']

Ratio Decidendi

The applicant's assistance to authorities was exceptional and placed her and her family in danger, but the sentencing judge failed to give it sufficient recognition and imposed an identical sentence to that on her co-accused, resulting in a justifiable sense of grievance. The appropriate sentence should reflect both parity and the exceptional assistance given.

Court Disposition

Appeal allowed

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentences below quashed.' 'In lieu thereof, the applicant is sentenced to imprisonment on count 1 for three and a half years commencing on 14 October 2009, expiring on 13 April 2013, with a non-parole period of eighteen months commencing 14 October 2009 and expiring on...