Wienand v R [2013] NSWCCA 202

Wienand v R [2013] NSWCCA 202

The applicant's sentence was not manifestly excessive, did not result from an error regarding the standard non-parole period, and, although disparity was present, it was justified by the applicant's higher position in the drug distribution hierarchy and less compelling subjective circumstances compared to the co-offender. No breach of the parity principle was demonstrated to a degree warranting a reduction in sentence.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Criminal Sentence Appeal / Judgment on Application for Leave to Appeal and Appeal
Outcome
Leave to appeal refused on grounds a. and b.; leave granted on ground c. but appeal dismissed.
Legal Topics
['sentence Appeal' 'supply of Prohibited Drug' 'manifest Excess' 'parity' 'justifiable Sense of Grievance']
['criminal Law'] ['sentence Appeal' 'supply of Prohibited Drug' 'manifest Excess' 'parity' 'justifiable Sense of Grievance']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Judgment on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether a notional starting point used in sentencing was too high' 'Whether the sentence resulted in a justifiable sense of grievance based on disparity with co-offender']

Ratio Decidendi

The applicant's sentence was not manifestly excessive, did not result from an error regarding the standard non-parole period, and, although disparity was present, it was justified by the applicant's higher position in the drug distribution hierarchy and less compelling subjective circumstances compared to the co-offender. No breach of the parity principle was demonstrated to a degree warranting a reduction in sentence.

Court Disposition

Leave to appeal refused on grounds a. and b.; leave granted on ground c. but appeal dismissed.

Orders

  • ['In relation to grounds of appeal a. and b. leave to appeal refused.' 'In relation to ground of appeal c., leave to appeal granted but appeal dismissed.']