REGINA v MUSSETT [1999] NSWCCA 419

REGINA v MUSSETT [1999] NSWCCA 419

Although the applicant committed the offences while subject to two recognisances, the adverse matters distinguishing the co-offender were sufficient to make the identical sentences a relevant disparity giving rise to a justifiable sense of grievance. The applicant should be resentenced on the second count, with the total term of four years left undisturbed but with a greater variance between the minimum and additional terms to reflect special circumstances and demonstrated rehabilitation.

Jurisdiction
Australia
Judgment Date
15 September 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentence on the second count quashed and substituted; no interference with the sentence on the first count.
Legal Topics
['break, Enter and Steal' 'carried in a Conveyance Without Consent' 'parity in Sentencing' 'relevant Disparity' 'special Circumstances' 'rehabilitation']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'carried in a Conveyance Without Consent' 'parity in Sentencing' 'relevant Disparity' 'special Circumstances' 'rehabilitation']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the applicant's sentence on the second count should be disturbed because identical sentences imposed on him and his co-offender produced a relevant disparity giving rise to a justifiable sense of grievance." "Whether the applicant's rehabilitation and special circumstances warranted a different division between the minimum term and the additional term."]

Ratio Decidendi

Although the applicant committed the offences while subject to two recognisances, the adverse matters distinguishing the co-offender were sufficient to make the identical sentences a relevant disparity giving rise to a justifiable sense of grievance. The applicant should be resentenced on the second count, with the total term of four years left undisturbed but with a greater variance between the minimum and additional terms to reflect special circumstances and demonstrated rehabilitation.

Court Disposition

Leave to appeal granted; appeal allowed; sentence on the second count quashed and substituted; no interference with the sentence on the first count.

Orders

  • ['Leave to appeal be granted.' 'The appeal be allowed.' 'The sentence in relation to the second count be quashed and in lieu thereof be imposed a sentence of penal servitude for four years consisting of a minimum term commencing 23 April 1998 and expiring on 23 October 1999, and an additional term commencing on 24...