R v GRAFF [2001] NSWCCA 3

R v GRAFF [2001] NSWCCA 3

Leave to appeal was granted but the appeal was dismissed because there were sufficient differences between the applicant and co-offenders to justify the higher sentence, and the sentencing judge was not in error in declining to find special circumstances.

Jurisdiction
Australia
Judgment Date
30 January 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Judgment on Appeal
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'parity of Sentences' 'special Circumstances' 'minimum Term' 'additional Term']
['criminal Law'] ['sentencing' 'parity of Sentences' 'special Circumstances' 'minimum Term' 'additional Term']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether there is a justifiable sense of grievance by reason of lack of parity with the sentences of co-offenders' 'Whether special circumstances should have been found to reduce the minimum term' 'Whether the total or minimum terms of imprisonment imposed were excessive']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because there were sufficient differences between the applicant and co-offenders to justify the higher sentence, and the sentencing judge was not in error in declining to find special circumstances.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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