Regina v Karabatsos [2002] NSWCCA 526

Regina v Karabatsos [2002] NSWCCA 526

Parity considerations compelled re-sentencing as the sentence imposed on the applicant was disproportionate to that imposed on a more culpable co-offender for a more serious offence. The appropriate sentence reflecting parity was three years imprisonment with a non-parole period of two years.

Parties
Prosecutor: Regina; Applicant: Peter Karabatsos
Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Re Sentencing
Outcome
appeal allowed; sentence quashed and re-sentenced
Legal Topics
Sentencing, Parity in Sentencing
Criminal Law Sentencing Parity in Sentencing

Case Brief

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Parties

Regina

Prosecutor

Peter Karabatsos

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Re Sentencing

Legal Issues

  1. 1 Whether the sentence imposed on Peter Karabatsos lacked parity compared to sentence imposed on co-offender Tesic
  2. 2 Whether the sentencing judge failed to allow an appropriate discount for the plea of guilty or find special circumstances warranting a lesser sentence

Ratio Decidendi

Parity considerations compelled re-sentencing as the sentence imposed on the applicant was disproportionate to that imposed on a more culpable co-offender for a more serious offence. The appropriate sentence reflecting parity was three years imprisonment with a non-parole period of two years.

Court Disposition

appeal allowed; sentence quashed and re-sentenced

Orders

  • Leave to appeal granted.
  • Appeal allowed; sentence quashed.