Gao v R [2008] NSWCCA 234

Gao v R [2008] NSWCCA 234

The applicant and Lim were not sufficiently comparable to justify the application of the parity principle, given the objective and subjective differences in their respective offences and circumstances. The sentencing judge did not err in partially accumulating sentences, as the offences were separate and distinct acts of criminality. There was no error in the exercise of discretion on either ground raised.

Jurisdiction
Australia
Judgment Date
10 October 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal Judgment
Outcome
Leave to appeal out of time granted; appeal dismissed.
Legal Topics
['sentencing' 'parity Principle' 'supply of Prohibited Drugs' 'accumulation of Sentences']
['criminal Law'] ['sentencing' 'parity Principle' 'supply of Prohibited Drugs' 'accumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal Judgment

Legal Issues

  1. 1 ["Whether there was a lack of parity between the applicant's sentence and that of the co-offender Lim" 'Whether the sentencing judge erred by accumulating sentences rather than ordering concurrency']

Ratio Decidendi

The applicant and Lim were not sufficiently comparable to justify the application of the parity principle, given the objective and subjective differences in their respective offences and circumstances. The sentencing judge did not err in partially accumulating sentences, as the offences were separate and distinct acts of criminality. There was no error in the exercise of discretion on either ground raised.

Court Disposition

Leave to appeal out of time granted; appeal dismissed.

Orders

  • ['Leave to appeal out of time granted.' 'Appeal dismissed.']