Regina v LY & NGUYEN [2005] NSWCCA 57

Regina v LY & NGUYEN [2005] NSWCCA 57

Despite some differences in background and involvement, the applicants’ sentences were not manifestly excessive nor inconsistent with principles of parity, given their roles and the aggravating factor that their offending was motivated by commercial profit rather than personal addiction.

Jurisdiction
Australia
Judgment Date
21 February 2005
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeals dismissed.
Legal Topics
['sentencing' 'supply of Prohibited Drug' 'principles of Parity Between Co Offenders']
['criminal Law'] ['sentencing' 'supply of Prohibited Drug' 'principles of Parity Between Co Offenders']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge failed properly to apply principles of parity between co-offenders.' 'Whether sentencing judge erred by finding that the notional sentence imposed on a co-offender before a discount for a guilty plea was the appropriate sentence to impose on the applicants.' 'Whether the sentences were manifestly excessive.']

Ratio Decidendi

Despite some differences in background and involvement, the applicants’ sentences were not manifestly excessive nor inconsistent with principles of parity, given their roles and the aggravating factor that their offending was motivated by commercial profit rather than personal addiction.

Court Disposition

Leave to appeal against sentence granted; appeals dismissed.

Orders

  • ['Leave to appeal against sentence is granted for each applicant.' 'Each appeal is dismissed.']