Regina v Ilbay [2000] NSWCCA 251

Regina v Ilbay [2000] NSWCCA 251

The sentence imposed on Oygur did not provide a sufficient basis for comparison because the State sentence was subsumed within a much longer sentence for a Commonwealth conspiracy offence, making it artificial to use the State sentence as a yardstick. The applicant was involved in commercial drug dealing, had further supply offences taken into account on a Form 1, and committed later offences while on bail. No error by Grogan DCJ was shown and the sentence was within the range of sentencing discretion.

Jurisdiction
Australia
Judgment Date
21 June 2000
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['co Offender Parity' 'disparity in Sentence' 'supply of Heroin' 'form 1 Offences' 'sentence Severity']
['criminal Law and Procedure' 'sentencing'] ['co Offender Parity' 'disparity in Sentence' 'supply of Heroin' 'form 1 Offences' 'sentence Severity']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant had a justified sense of grievance because of disparity between his sentence and the sentence imposed on co-offender Zeki Oygur.' 'Whether the sentence imposed by Grogan DCJ was excessive or otherwise inappropriate.']

Ratio Decidendi

The sentence imposed on Oygur did not provide a sufficient basis for comparison because the State sentence was subsumed within a much longer sentence for a Commonwealth conspiracy offence, making it artificial to use the State sentence as a yardstick. The applicant was involved in commercial drug dealing, had further supply offences taken into account on a Form 1, and committed later offences while on bail. No error by Grogan DCJ was shown and the sentence was within the range of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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