Renehan v R [2008] NSWCCA 334

Renehan v R [2008] NSWCCA 334

The sentencing judge did not err in treating the applicant's asserted motivation to help McDonald as showing a preparedness to supply drugs at a more significant level, and the applicant had no justifiable parity grievance because his offending involved ongoing supply and a pattern of criminality while McDonald's offence was a one-off supply. Any parity consideration was sufficiently reflected in the additional time to be served on count 2, and no demonstrable sentencing error was shown.

Jurisdiction
Australia
Judgment Date
16 December 2008
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['drug Supply' 'ongoing Supply of Prohibited Drug' 'methylamphetamine' 'parity' 'severity Appeal']
['criminal Law' 'sentencing'] ['drug Supply' 'ongoing Supply of Prohibited Drug' 'methylamphetamine' 'parity' 'severity Appeal']

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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 sentencing judge erred in the way he took into account his finding that the applicant was partially motivated to supply drugs to assist a friend.' "Whether the applicant had a legitimate grievance arising from disparity between his sentence and Benjamin McDonald's sentence."]

Ratio Decidendi

The sentencing judge did not err in treating the applicant's asserted motivation to help McDonald as showing a preparedness to supply drugs at a more significant level, and the applicant had no justifiable parity grievance because his offending involved ongoing supply and a pattern of criminality while McDonald's offence was a one-off supply. Any parity consideration was sufficiently reflected in the additional time to be served on count 2, and no demonstrable sentencing error was shown.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Dismiss the appeal.']