Lowe v The Queen [1984] HCA 46

Lowe v The Queen [1984] HCA 46

Special leave to appeal is not granted merely because of manifest disparity between sentences for co-offenders; unless there is an error of law, violation of sentencing principle, or a question of general importance, the High Court will not interfere. The reduction of the non-parole period alone was within the discretion of the Court of Criminal Appeal and did not involve a gross violation of principle.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal (criminal) / High Court of Australia, Determination of Special Leave Application
Outcome
Application for special leave to appeal refused
Legal Topics
['sentencing' 'appeals' 'disparity Between Co Offenders' 'special Leave Criteria']
['criminal Law'] ['sentencing' 'appeals' 'disparity Between Co Offenders' 'special Leave Criteria']

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Procedural Posture

Application for Special Leave to Appeal (criminal) / High Court of Australia, Determination of Special Leave Application

Legal Issues

  1. 1 ['Whether special leave to appeal should be granted against a sentence on grounds of disparity between co-offenders' 'Whether reduction of only the non-parole period, without reduction of the head sentence, adequately addresses sentencing disparity' 'Whether the Court of Criminal Appeal erred in principle relating to sentencing co-offenders']

Ratio Decidendi

Special leave to appeal is not granted merely because of manifest disparity between sentences for co-offenders; unless there is an error of law, violation of sentencing principle, or a question of general importance, the High Court will not interfere. The reduction of the non-parole period alone was within the discretion of the Court of Criminal Appeal and did not involve a gross violation of principle.

Court Disposition

Application for special leave to appeal refused

Orders

  • ['Application for special leave to appeal refused' 'Extension of time granted, application for special leave heard and refused']