Davison v R [2019] NSWCCA 179

Davison v R [2019] NSWCCA 179

The applicant had a justifiable sense of grievance because he pleaded guilty at an early opportunity and had reduced moral culpability due to his deprived background, yet received a longer overall sentence and non-parole period than his co-offender who was found guilty after trial. The differences identified by the sentencing judge, including age, the Form 1 offence, rehabilitation prospects and the efficient conduct of the co-offender's trial, did not justify the additional 3 months in the head sentence and 6 months in the non-parole period. Although the co-offender's non-parole period was manifestly inadequate and the scope for reduction was limited, the aggregate head sentence was not...

Jurisdiction
Australia
Judgment Date
05 August 2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal From Sentences Imposed in the District Court of New South Wales on 22 June 2018
Outcome
Leave to appeal granted; appeal allowed; District Court sentences quashed; applicant re-sentenced.
Legal Topics
['parity Principle' 'justifiable Sense of Grievance' 'guilty Plea Discount' 'aggravated Break and Enter' 'stealing a Motor Vehicle' 'form 1 Offences' 're Sentencing']
['criminal Law' 'sentencing' 'criminal Appeals'] ['parity Principle' 'justifiable Sense of Grievance' 'guilty Plea Discount' 'aggravated Break and Enter' 'stealing a Motor Vehicle' 'form 1 Offences' 're Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal From Sentences Imposed in the District Court of New South Wales on 22 June 2018

Legal Issues

  1. 1 ['Whether the applicant had a justifiable sense of grievance when his sentence was compared with the sentence imposed on his co-offender Rory McGovern.' "Whether the disparity between the applicant's sentence and the co-offender's sentence was justified by differences in their subjective cases." "Whether reducing the applicant's sentence would produce an erroneously lenient sentence in light of the co-offender's sentence."]

Ratio Decidendi

The applicant had a justifiable sense of grievance because he pleaded guilty at an early opportunity and had reduced moral culpability due to his deprived background, yet received a longer overall sentence and non-parole period than his co-offender who was found guilty after trial. The differences identified by the sentencing judge, including age, the Form 1 offence, rehabilitation prospects and the efficient conduct of the co-offender's trial, did not justify the additional 3 months in the head sentence and 6 months in the non-parole period. Although the co-offender's non-parole period was manifestly inadequate and the scope for reduction was limited, the aggregate head sentence was not...

Court Disposition

Leave to appeal granted; appeal allowed; District Court sentences quashed; applicant re-sentenced.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Quash the sentences imposed in the District Court of New South Wales on 22 June 2018.' 'For the offence of stealing a motor vehicle contrary to s 154F of the Crimes Act 1900 and taking into account the offence on the Form 1, the applicant is sentenced to a fixed term of...