Lago v R [2015] NSWCCA 296

Lago v R [2015] NSWCCA 296

The sentencing judge did not breach the De Simoni principle as the uncharged conduct was used to rebut claims of isolated offending and to assess seriousness—not as aggravation. The disparity between the applicant's and co-offender's sentences is explained by the co-offender's guilty plea and other differences; no justifiable sense of grievance arises. The appeal fails on all grounds.

Parties
Applicant: Michael Lago; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision on Sentence Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Uncharged Criminal Conduct, Parity Principle, Drug Supply, Manifest Excess, De Simoni Principle
Criminal Law Sentencing Uncharged Criminal Conduct Parity Principle Drug Supply Manifest Excess De Simoni Principle

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Parties

Michael Lago

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision on Sentence Appeal

Legal Issues

  1. 1 Whether uncharged criminal conduct was improperly treated as an aggravating factor in sentencing
  2. 2 Whether there was an unfair disparity between the applicant's and the co-offender's sentences

Ratio Decidendi

The sentencing judge did not breach the De Simoni principle as the uncharged conduct was used to rebut claims of isolated offending and to assess seriousness—not as aggravation. The disparity between the applicant's and co-offender's sentences is explained by the co-offender's guilty plea and other differences; no justifiable sense of grievance arises. The appeal fails on all grounds.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal.
  • Appeal dismissed.