JOD v REGINA [2009] NSWCCA 205

JOD v REGINA [2009] NSWCCA 205

Although there are some commonalities between the applicant, Cranshaw, and Marven, the applicant’s objective criminality was of a higher order by reason of his integral role, extended period of offending, and conditional liberty at the time of some offences. No marked disproportion in the head sentence exists to warrant intervention. The parity principle does not strictly apply as the relevant factual differences are substantial.

Jurisdiction
Australia
Judgment Date
25 August 2009
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['appeal Against Sentence' 'parity Principle' 'organised Crime' 'fraud' 'application of Sentencing Principles']
['criminal Law'] ['appeal Against Sentence' 'parity Principle' 'organised Crime' 'fraud' 'application of Sentencing Principles']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether there was a lack of parity in sentencing compared to sentences imposed upon related offenders Darren Cranshaw and Jonathan Marven' 'Whether the applicant’s head sentence is disproportionate creating a justifiable sense of grievance']

Ratio Decidendi

Although there are some commonalities between the applicant, Cranshaw, and Marven, the applicant’s objective criminality was of a higher order by reason of his integral role, extended period of offending, and conditional liberty at the time of some offences. No marked disproportion in the head sentence exists to warrant intervention. The parity principle does not strictly apply as the relevant factual differences are substantial.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'The appeal is dismissed.']