Davenport, M.T. v R [1995] FCA 294

Davenport, M.T. v R [1995] FCA 294

There was a manifestly excessive disparity between the sentences imposed on the appellant and his co-offender Paul Davenport, which warranted appellate intervention. The difference in circumstances between Paul and the appellant should result in a lesser sentence for the appellant, particularly as Paul was older, had a prior conviction, and was the ringleader.

Jurisdiction
Australia
Judgment Date
04 April 1995
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
['disparity of Sentences' 'sentencing Young Offenders' 'arson' 'co Offenders']
['criminal Law'] ['disparity of Sentences' 'sentencing Young Offenders' 'arson' 'co Offenders']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['whether principles of disparity in sentences apply to co-offenders who are young people' 'whether manifest disparity existed between sentences imposed on co-offenders']

Ratio Decidendi

There was a manifestly excessive disparity between the sentences imposed on the appellant and his co-offender Paul Davenport, which warranted appellate intervention. The difference in circumstances between Paul and the appellant should result in a lesser sentence for the appellant, particularly as Paul was older, had a prior conviction, and was the ringleader.

Court Disposition

appeal allowed

Orders

  • ['sentence imposed on count 1 set aside and replaced with committal to institution for 12 months from 5 August 1994' 'sentences and orders from the Supreme Court on 17 August 1994 otherwise confirmed']