Whitby v R [2015] NSWCCA 124

Whitby v R [2015] NSWCCA 124

The sentence was not manifestly excessive because the Applicant's offending involved large quantities of prohibited drugs, was deliberate, repeated and for financial gain, and the comparison cases did not set a controlling sentencing standard. The parity ground failed because the sentencing judge was conscious of the roles, similarities and differences between the Applicant and the co-offenders, and any disparity between their sentences was not marked, clearly unjustifiable or erroneous.

Jurisdiction
Australia
Judgment Date
29 May 2015
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'parity' 'drug Supply Offences' 'discretionary Sentencing']
['criminal Law' 'sentencing'] ['manifest Excess' 'parity' 'drug Supply Offences' 'discretionary Sentencing']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court of NSW

Legal Issues

  1. 1 ['Whether the sentence imposed on the Applicant was manifestly excessive.' 'Whether the sentences imposed on the Applicant gave rise to a legitimate sense of grievance when compared with sentences imposed on his up-line suppliers and co-offenders, Mr Colakoglu and Mr Dodd.']

Ratio Decidendi

The sentence was not manifestly excessive because the Applicant's offending involved large quantities of prohibited drugs, was deliberate, repeated and for financial gain, and the comparison cases did not set a controlling sentencing standard. The parity ground failed because the sentencing judge was conscious of the roles, similarities and differences between the Applicant and the co-offenders, and any disparity between their sentences was not marked, clearly unjustifiable or erroneous.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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