REGINA v. WILKINSON [1999] NSWCCA 248

REGINA v. WILKINSON [1999] NSWCCA 248

Leave to appeal was refused because, although Campbell may have been found more objectively culpable, his guilty plea, remorse, utilitarian value of the plea and different subjective circumstances justified the sentencing difference, so the applicant did not establish injustice or infringement of the equal justice principle.

Jurisdiction
Australia
Judgment Date
09 August 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal refused.
Legal Topics
['manslaughter' 'parity Principle' 'equal Justice' 'criminal Negligence' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manslaughter' 'parity Principle' 'equal Justice' 'criminal Negligence' 'leave to Appeal Against Sentence']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant infringed the parity principle when compared with the sentence later imposed on co-offender Cory Campbell.' "Whether differences including Campbell's guilty plea, remorse and subjective circumstances justified the difference between the sentences."]

Ratio Decidendi

Leave to appeal was refused because, although Campbell may have been found more objectively culpable, his guilty plea, remorse, utilitarian value of the plea and different subjective circumstances justified the sentencing difference, so the applicant did not establish injustice or infringement of the equal justice principle.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal is refused.']