Postiglione v The Queen [1997] HCA 26

Postiglione v The Queen [1997] HCA 26

The High Court held that the marked disparity between Postiglione's sentence and Savvas's sentence, especially the effective increase in custodial sentences resulting from sentences imposed while both were serving prior sentences, gave rise to a justifiable sense of grievance and demonstrated a misapplication of the parity principle by the Court of Criminal Appeal. The matter was ordered to be remitted for redetermination, taking proper account of parity and totality principles.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal to High Court of Australia From Decision of Court of Criminal Appeal, Supreme Court of New South Wales
Outcome
appeal allowed and matter remitted to Court of Criminal Appeal of New South Wales
Legal Topics
['sentencing' 'parity Principle' 'totality Principle' 'appeal' 'conspiracy to Import Narcotics']
['criminal Law'] ['sentencing' 'parity Principle' 'totality Principle' 'appeal' 'conspiracy to Import Narcotics']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal to High Court of Australia From Decision of Court of Criminal Appeal, Supreme Court of New South Wales

Legal Issues

  1. 1 ['Did the Court of Criminal Appeal misapply the parity principle in confirming the sentence imposed on Postiglione?' 'Did the Court of Criminal Appeal misapply the totality principle in confirming the sentence imposed on Postiglione?' 'Was there a justifiable sense of grievance due to the disparity between sentences imposed on co-offenders?']

Ratio Decidendi

The High Court held that the marked disparity between Postiglione's sentence and Savvas's sentence, especially the effective increase in custodial sentences resulting from sentences imposed while both were serving prior sentences, gave rise to a justifiable sense of grievance and demonstrated a misapplication of the parity principle by the Court of Criminal Appeal. The matter was ordered to be remitted for redetermination, taking proper account of parity and totality principles.

Court Disposition

appeal allowed and matter remitted to Court of Criminal Appeal of New South Wales

Orders

  • ['Appeal allowed.' 'Remit the matter to the Court of Criminal Appeal of New South Wales for it to take such steps as it can to give effect to the decision of this Court.']