Saleh, Kassim v R [2016] NSWCCA 317

Saleh, Kassim v R [2016] NSWCCA 317

The applicant had no legitimate sense of grievance from comparison with JK because his offending was objectively far more serious, his subjective circumstances were less powerful, and JK received substantially greater discounts for an early plea and assistance to authorities.

Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'drug Supply' 'methylamphetamine' 'parity Principle' 'appeal Against Severity of Sentence']
['criminal Law'] ['sentencing' 'drug Supply' 'methylamphetamine' 'parity Principle' 'appeal Against Severity of Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the applicant had a justifiable sense of grievance arising from the sentence imposed on co-offender JK.' "Whether the disparity between the applicant's sentence and JK's sentence was explained by differences in objective offending, subjective circumstances, and sentencing discounts."]

Ratio Decidendi

The applicant had no legitimate sense of grievance from comparison with JK because his offending was objectively far more serious, his subjective circumstances were less powerful, and JK received substantially greater discounts for an early plea and assistance to authorities.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']