Mir v R [2022] NSWCCA 132

Mir v R [2022] NSWCCA 132

Although Khoury and Karimi were more senior in the criminal organisation, the applicant played an active role inside each targeted premises, wielded a meat cleaver, threatened occupants and was found to have participated directly in the high-gravity home invasions. The differences in the offenders' subjective cases were not so great as to require substantially different sentences for the robbery counts. The same or closely similar individual sentences for the common robbery offences, considered with the total effective sentences and totality principle, did not give rise to a justifiable sense of grievance and no parity error was established.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Time extended, leave to appeal against sentence granted, appeal dismissed.
Legal Topics
['parity Principle' 'equal Justice' 'justifiable Sense of Grievance' 'extension of Time' 'armed Robbery' 'murder' 'totality Principle']
['criminal Law' 'sentencing' 'criminal Appeals'] ['parity Principle' 'equal Justice' 'justifiable Sense of Grievance' 'extension of Time' 'armed Robbery' 'murder' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to seek leave to appeal against sentence.' 'Whether leave to appeal against sentence should be granted.' 'Whether the sentences imposed on the applicant for the common armed robbery offences offended principles of parity or equal justice when compared with the sentences imposed on co-offenders Khoury and Karimi.']

Ratio Decidendi

Although Khoury and Karimi were more senior in the criminal organisation, the applicant played an active role inside each targeted premises, wielded a meat cleaver, threatened occupants and was found to have participated directly in the high-gravity home invasions. The differences in the offenders' subjective cases were not so great as to require substantially different sentences for the robbery counts. The same or closely similar individual sentences for the common robbery offences, considered with the total effective sentences and totality principle, did not give rise to a justifiable sense of grievance and no parity error was established.

Court Disposition

Time extended, leave to appeal against sentence granted, appeal dismissed.

Orders

  • ['Extend the time within which to seek leave to appeal.' 'Grant leave to appeal against the sentence.' 'Dismiss the appeal.']