Nasiri v R [2019] NSWCCA 16

Nasiri v R [2019] NSWCCA 16

The applicant did not establish erroneous disparity. Although the co-offender received a longer backdate by nine months, the applicant's pre-existing sentence was longer, both offenders were sentenced on the basis that they were not the shooter, the co-offender had PTSD while the applicant had no diagnosed psychological or psychiatric condition, the applicant's criminal record was notably worse, and the co-offender had more favourable findings on rehabilitation. Considering the sentences globally, the applicant had no objectively justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
13 February 2019
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['erroneous Disparity' 'parity Principle' 'co Offender Sentences' 'partial Concurrence' 'backdating Sentences']
['criminal Law' 'sentencing'] ['erroneous Disparity' 'parity Principle' 'co Offender Sentences' 'partial Concurrence' 'backdating Sentences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the applicant had an objectively justifiable sense of grievance because his co-offender received a longer backdate or greater partial concurrence with a pre-existing sentence.' "Whether the nine-month discrepancy between the applicant's and co-offender's periods of partial concurrence demonstrated erroneous disparity."]

Ratio Decidendi

The applicant did not establish erroneous disparity. Although the co-offender received a longer backdate by nine months, the applicant's pre-existing sentence was longer, both offenders were sentenced on the basis that they were not the shooter, the co-offender had PTSD while the applicant had no diagnosed psychological or psychiatric condition, the applicant's criminal record was notably worse, and the co-offender had more favourable findings on rehabilitation. Considering the sentences globally, the applicant had no objectively justifiable sense of grievance.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']