R v Clarke [2013] NSWCCA 260

R v Clarke [2013] NSWCCA 260

The disparity between the applicant's sentence and the sentence imposed on the co-offender, Mr Raman, was objectively unjustifiable. Application of the principle of parity required intervention, even though the applicant's aggregate sentence was within range; the principle of equal justice was infringed by the unjustifiably greater punishment for the applicant, and the sentence was varied to reflect appropriate parity.

Parties
Applicant: Michael Clarke; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Sentence Appeal / Court of Criminal Appeal (nsw) Judgment on Sentence Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence imposed in the District Court quashed and in lieu thereof applicant sentenced to an aggregate sentence of imprisonment with a non-parole period of 3 years commencing on 21 July 2011 and expiring on 20 July 2014 and a balance of term of 2 years expiring on 20 July 2016.
Legal Topics
Sentencing, Aggregate Sentences, Parity, Manifest Excess
Criminal Law Sentencing Aggregate Sentences Parity Manifest Excess

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Parties

Michael Clarke

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Court of Criminal Appeal (nsw) Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the aggregate sentence imposed was manifestly excessive
  2. 2 Whether there was unjustifiable disparity between the applicant's sentence and the sentence imposed on the co-offender, Mr Raman (parity)

Ratio Decidendi

The disparity between the applicant's sentence and the sentence imposed on the co-offender, Mr Raman, was objectively unjustifiable. Application of the principle of parity required intervention, even though the applicant's aggregate sentence was within range; the principle of equal justice was infringed by the unjustifiably greater punishment for the applicant, and the sentence was varied to reflect appropriate parity.

Court Disposition

Leave to appeal granted; appeal allowed; sentence imposed in the District Court quashed and in lieu thereof applicant sentenced to an aggregate sentence of imprisonment with a non-parole period of 3 years commencing on 21 July 2011 and expiring on 20 July 2014 and a balance of term of 2 years expiring on 20 July 2016.

Orders

  • Leave to appeal granted
  • Appeal allowed