R v Davis [2003] NSWCCA 79

R v Davis [2003] NSWCCA 79

The sentence imposed for the aggravated break and enter was unduly disproportionate to the co-offender's sentence given the age gap and different subjective factors, and some regard should have been paid to the co-offender's sentence; therefore the head sentence and non parole period should be reduced.

Parties
Prosecutor: Regina; Applicant: Justin Andrew Davis
Jurisdiction
Australia
Judgment Date
01 April 2003
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed in respect of aggravated break and enter sentence; head sentence and non parole period reduced; other sentence undisturbed.
Legal Topics
Sentence Appeal, Aggravated Break and Enter, Assessment of Parity, Discount for Plea of Guilty
Criminal Law Sentence Appeal Aggravated Break and Enter Assessment of Parity Discount for Plea of Guilty

Case Brief

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Parties

Regina

Prosecutor

Justin Andrew Davis

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the applicant was unduly disproportionate to the co-offender's sentence
  2. 2 Whether sufficient consideration was given to parity between sentences
  3. 3 Appropriateness of the discount for plea of guilty

Ratio Decidendi

The sentence imposed for the aggravated break and enter was unduly disproportionate to the co-offender's sentence given the age gap and different subjective factors, and some regard should have been paid to the co-offender's sentence; therefore the head sentence and non parole period should be reduced.

Court Disposition

Leave to appeal granted; appeal allowed in respect of aggravated break and enter sentence; head sentence and non parole period reduced; other sentence undisturbed.

Orders

  • Leave to appeal granted
  • Appeal allowed in respect only of the sentence imposed for aggravated break and enter and commission of a serious indictable offence