Hung v R [2023] NSWCCA 172

Hung v R [2023] NSWCCA 172

Despite both the applicant and co-offender receiving the same total sentence, the differences in their criminal histories, objective seriousness, health, and remorse justified the sentences imposed. Any parity complaint was offset by factors such as the applicant's prior serious drug offending, thus no justifiable sense of grievance arose and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
10 July 2023
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'parity Principle' 'drug Offences' 'sentencing Discretion']
['criminal Law'] ['appeal Against Sentence' 'parity Principle' 'drug Offences' 'sentencing Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the applicant had a justifiable sense of grievance due to parity when compared to the sentence imposed on co-offender Thanh Quang Duong' 'Whether imposing the same total sentence on the applicant and the co-offender was justified']

Ratio Decidendi

Despite both the applicant and co-offender receiving the same total sentence, the differences in their criminal histories, objective seriousness, health, and remorse justified the sentences imposed. Any parity complaint was offset by factors such as the applicant's prior serious drug offending, thus no justifiable sense of grievance arose and the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']