Delleci v R [2020] NSWCCA 4
The aggregate sentence imposed on the applicant was within the broad sentencing discretion given the seriousness and quantity of offending, aggravating factors, and limited prospects for rehabilitation. Differences in offending and personal circumstances justified the disparity with the co-offender; no justifiable sense of grievance was found. Both grounds of appeal were not made out.
- Jurisdiction
- Australia
- Judgment Date
- 06 February 2020
- Procedural Posture
- Criminal Sentence Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal against sentence dismissed.
- Legal Topics
- ['drug Supply' 'manifestly Excessive Sentence' 'parity Principle' 'sentencing Statistics' 'aggregate Sentencing' 'objective and Subjective Factors']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence
Legal Issues
- 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the parity principle applied – justifiable sense of grievance compared to co-offender']
Ratio Decidendi
The aggregate sentence imposed on the applicant was within the broad sentencing discretion given the seriousness and quantity of offending, aggravating factors, and limited prospects for rehabilitation. Differences in offending and personal circumstances justified the disparity with the co-offender; no justifiable sense of grievance was found. Both grounds of appeal were not made out.
Court Disposition
Leave to appeal granted; appeal against sentence dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal against sentence dismissed.']
Full Case Text
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