R v Barkho [2005] NSWCCA 211

R v Barkho [2005] NSWCCA 211

The sentencing judge failed to take into account the applicant's lesser criminal history and the greater criminality of the co-offender as evidenced in the Form 1 matters, leading to an unjustifiable disparity between sentences that warrants intervention and a reduced sentence for the applicant.

Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; new sentence imposed.
Legal Topics
['sentencing' 'drug Offences' 'parity of Sentencing' 'appeals Against Sentence']
['criminal Law'] ['sentencing' 'drug Offences' 'parity of Sentencing' 'appeals Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Leave to Appeal Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the applicant's criminality as greater than the co-offender's" "Whether the sentencing judge erred by distinguishing the applicant's case based on explanation given to police" "Whether insufficient regard was given to the applicant's insignificant criminal record and whether his prior conviction was considered an aggravating circumstance" 'Whether there was a miscarriage of sentencing due to disparity between sentences imposed on co-offenders']

Ratio Decidendi

The sentencing judge failed to take into account the applicant's lesser criminal history and the greater criminality of the co-offender as evidenced in the Form 1 matters, leading to an unjustifiable disparity between sentences that warrants intervention and a reduced sentence for the applicant.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; new sentence imposed.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'The sentence imposed upon the applicant is quashed.' 'Applicant is sentenced to a term of imprisonment of five years three months to commence on 17 November 2003 and to expire on 16 February 2009, with a non parole period of three years six months to commence on 17...