PG v R [2017] NSWCCA 179

PG v R [2017] NSWCCA 179

Leave to appeal was granted because the questions concerning the parity principle were of general importance, but the appeal was dismissed. The disparity between the applicant's sentence and Mr Green's sentence was warranted by the applicant's more serious criminal record, older age, inferior prospects of rehabilitation, higher objective criminality in the November offending, and the different evidence and agreed facts in the separate sentencing proceedings. It was not appropriate to compare only the undiscounted aggregate sentences; allowing for the applicant's additional assistance discount, the relevant differential was substantially reduced. The majority also held that, under ss 22...

Jurisdiction
Australia
Judgment Date
28 July 2017
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal From Judgment on Sentence of the District Court Delivered on 17 November 2014
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['parity Principle' 'co Offender Disparity' 'aggregate Sentences' 'discounts for Guilty Pleas' 'assistance to Authorities']
['criminal Law' 'sentencing'] ['parity Principle' 'co Offender Disparity' 'aggregate Sentences' 'discounts for Guilty Pleas' 'assistance to Authorities']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal From Judgment on Sentence of the District Court Delivered on 17 November 2014

Legal Issues

  1. 1 ['Whether the applicant had a justifiable sense of grievance when comparing his sentence with that imposed on his co-offender Mr Green.' 'Whether it was appropriate to compare undiscounted aggregate sentences when assessing parity.' 'Whether evidential differences between separate sentencing proceedings justified disparity in the initial sentences.' 'Whether, when imposing an aggregate sentence under Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A, a discount for a guilty plea under s 22 should be applied to the aggregate sentence or to the indicative sentences.']

Ratio Decidendi

Leave to appeal was granted because the questions concerning the parity principle were of general importance, but the appeal was dismissed. The disparity between the applicant's sentence and Mr Green's sentence was warranted by the applicant's more serious criminal record, older age, inferior prospects of rehabilitation, higher objective criminality in the November offending, and the different evidence and agreed facts in the separate sentencing proceedings. It was not appropriate to compare only the undiscounted aggregate sentences; allowing for the applicant's additional assistance discount, the relevant differential was substantially reduced. The majority also held that, under ss 22...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal from the judgment on sentence of the District Court delivered on 17 November 2014.' 'Dismiss the appeal.']