R v Michael [2002] NSWCCA 154

R v Michael [2002] NSWCCA 154

The appeal is allowed and the applicant's sentence reduced to restore the sentencing disparity originally found to be appropriate by Sully J, ensuring Mr Michael receives a lighter sentence than his co-offender Mr Slater due to his lesser involvement and cooperation.

Jurisdiction
Australia
Judgment Date
01 May 2002
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence
Outcome
appeal allowed
Legal Topics
['severity of Sentence' 'sentencing Disparity' 'parity Principle' 'appeal Process']
['criminal Law'] ['severity of Sentence' 'sentencing Disparity' 'parity Principle' 'appeal Process']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 ["whether the applicant's sentence should be reduced to restore disparity with co-offender" 'parity between sentences for co-offenders']

Ratio Decidendi

The appeal is allowed and the applicant's sentence reduced to restore the sentencing disparity originally found to be appropriate by Sully J, ensuring Mr Michael receives a lighter sentence than his co-offender Mr Slater due to his lesser involvement and cooperation.

Court Disposition

appeal allowed

Orders

  • ['Appeal allowed' 'In lieu of the current sentence, sentence reduced to a period of eighteen and a half years from 12/09/89' 'Total sentence to expire on 11/03/08' 'Non-parole period to expire on 11/09/03']