Wilken v R [2013] NSWCCA 304

Wilken v R [2013] NSWCCA 304

Relevant differences between the applicant and the co-offender, particularly with respect to the totality of offending and the necessity to apply accumulation and preserve the statutory sentencing ratio, justified the difference in non-parole periods. The sentencing judge adequately stated the reasons for differential treatment. The applicant has not established a justifiable sense of grievance, and the sentences imposed were within the appropriate range given all factors.

Parties
Applicant: Levon Wilken; Crown: Regina
Jurisdiction
Australia
Judgment Date
06 December 2013
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal; Merits Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Disparity in Sentencing, Parity Principle, Adequacy of Reasons, Manifest Excess
Criminal Law Sentence Appeal Disparity in Sentencing Parity Principle Adequacy of Reasons Manifest Excess

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Parties

Levon Wilken

Applicant

Regina

Crown

Procedural Posture

Criminal Sentence Appeal / Leave to Appeal; Merits Appeal

Legal Issues

  1. 1 Whether applicant has a justifiable sense of grievance due to disparity in non-parole periods with co-offender
  2. 2 Whether sentencing judge failed to adequately state reasons for difference in sentence between applicant and co-offender
  3. 3 Whether sentence was manifestly excessive

Ratio Decidendi

Relevant differences between the applicant and the co-offender, particularly with respect to the totality of offending and the necessity to apply accumulation and preserve the statutory sentencing ratio, justified the difference in non-parole periods. The sentencing judge adequately stated the reasons for differential treatment. The applicant has not established a justifiable sense of grievance, and the sentences imposed were within the appropriate range given all factors.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed