R v Jenkin [2003] NSWCCA 378

R v Jenkin [2003] NSWCCA 378

The appeal was dismissed because there was no manifest disparity creating a justifiable sense of grievance when the applicant's circumstances and role were compared with those of McGourty and Cuff, and because the offences were very serious, committed in company, involved a gun and knife, extended over hours, involved gratuitous cruelty and threats, and caused significant permanent injury to a vulnerable victim.

Jurisdiction
Australia
Judgment Date
01 December 2003
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['detain With Intent to Hold for Advantage' 'assault With Intent to Rob in Circumstances of Aggravation' 'manifest Excess' 'parity' 'non Parole Period' 'objective Seriousness']
['criminal Law' 'sentencing'] ['detain With Intent to Hold for Advantage' 'assault With Intent to Rob in Circumstances of Aggravation' 'manifest Excess' 'parity' 'non Parole Period' 'objective Seriousness']

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for detain with intent to hold for advantage and assault with intent to rob in circumstances of aggravation were manifestly excessive.' "Whether disparity between the applicant's sentence and the sentences imposed on co-offenders created a justifiable sense of grievance." "Whether the applicant's role in the early stages of the kidnapping was passive."]

Ratio Decidendi

The appeal was dismissed because there was no manifest disparity creating a justifiable sense of grievance when the applicant's circumstances and role were compared with those of McGourty and Cuff, and because the offences were very serious, committed in company, involved a gun and knife, extended over hours, involved gratuitous cruelty and threats, and caused significant permanent injury to a vulnerable victim.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']