Wat v R [2017] NSWCCA 62

Wat v R [2017] NSWCCA 62

The disparity between the applicant’s sentence and his co-offender’s is not reasonably explained by differences in their respective roles or subjective circumstances; as such, the applicant’s sense of grievance is justified and his sentence should be reduced, but financial gain and planning were properly treated as substantial aggravating factors.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal, Post Sentence Re Sentencing
Outcome
Appeal allowed; applicant re-sentenced
Legal Topics
['sentence Appeal' 'drug Supply' 'aggravating Factors' 'parity Principle']
['criminal Law'] ['sentence Appeal' 'drug Supply' 'aggravating Factors' 'parity Principle']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal, Post Sentence Re Sentencing

Legal Issues

  1. 1 ['Whether financial reward and planning are substantial aggravating factors for offence of drug supply' "Whether disparity between co-offender's sentences creates a justifiable sense of grievance warranting sentence reduction"]

Ratio Decidendi

The disparity between the applicant’s sentence and his co-offender’s is not reasonably explained by differences in their respective roles or subjective circumstances; as such, the applicant’s sense of grievance is justified and his sentence should be reduced, but financial gain and planning were properly treated as substantial aggravating factors.

Court Disposition

Appeal allowed; applicant re-sentenced

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'The sentence imposed by Norrish QC DCJ on 14 December 2015 is quashed.' 'The applicant is sentenced to a term of imprisonment of 12 years consisting of a non-parole period of 9 years commencing on 8 October 2014 and expiring on 7 October 2023 with a balance of term of 3...