Jaafar v R [2022] NSWCCA 254

Jaafar v R [2022] NSWCCA 254

The differences in sentence between the applicant and the co-offender were well within the qualitative and discretionary judgements open to the sentencing judge, who gave due consideration to their relative culpability, circumstances, and subjective features. No justifiable sense of grievance arises, and the parity principle does not warrant a greater disparity in the sentences.

Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Determination
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['sentencing' 'parity Principle' 'possession of Border Controlled Drug' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'parity Principle' 'possession of Border Controlled Drug' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Determination

Legal Issues

  1. 1 ['Whether the disparity in sentence between co-offenders gives rise to a justifiable sense of grievance under the parity principle']

Ratio Decidendi

The differences in sentence between the applicant and the co-offender were well within the qualitative and discretionary judgements open to the sentencing judge, who gave due consideration to their relative culpability, circumstances, and subjective features. No justifiable sense of grievance arises, and the parity principle does not warrant a greater disparity in the sentences.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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