Regina v Angeles [2001] NSWCCA 515

Regina v Angeles [2001] NSWCCA 515

The applicant did not have a justifiable sense of grievance. His criminality was relatively comparable to August's, and August had served nine months full-time custody and was also required to serve three years by periodic detention. Any difference between that penalty and the applicant's minimum period of fifteen months full-time detention did not justify intervention. Although Mendoza's periodic detention sentence was lenient, Mendoza's cooperation was markedly different from the applicant's circumstances, so it could not be said that justice had not been done in sentencing the applicant.

Jurisdiction
Australia
Judgment Date
13 December 2001
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'parity in Sentencing' 'justifiable Sense of Grievance' 'detaining a Person for Advantage' 'periodic Detention']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'parity in Sentencing' 'justifiable Sense of Grievance' 'detaining a Person for Advantage' 'periodic Detention']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant lacked parity with sentences imposed on co-offenders so as to create a justifiable sense of grievance.' "Whether the Court should intervene and impose a lesser sentence because the applicant's sentence was allegedly more onerous than the sentences imposed on August and Mendoza."]

Ratio Decidendi

The applicant did not have a justifiable sense of grievance. His criminality was relatively comparable to August's, and August had served nine months full-time custody and was also required to serve three years by periodic detention. Any difference between that penalty and the applicant's minimum period of fifteen months full-time detention did not justify intervention. Although Mendoza's periodic detention sentence was lenient, Mendoza's cooperation was markedly different from the applicant's circumstances, so it could not be said that justice had not been done in sentencing the applicant.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']