PMW v R [2009] NSWCCA 34

PMW v R [2009] NSWCCA 34

The disparity between the sentences imposed on the applicant and his co-offender was not justified by differences in their criminal histories or involvement in the offence, and the applicant had mitigating factors favouring him. Accordingly, parity required appellate intervention, and the applicant should be resentenced in line with the co-offender, including a direction to serve his sentence in a Juvenile Justice institution.

Parties
Applicant: PMW; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 February 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Resentencing
Outcome
Appeal allowed
Legal Topics
Robbery in Company With Wounding, Parity of Sentence, Sentencing Juveniles
Criminal Law Robbery in Company With Wounding Parity of Sentence Sentencing Juveniles

Case Brief

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Parties

PMW

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Resentencing

Legal Issues

  1. 1 Whether there was a disparity between the applicant's sentence and that of the co-offender so as to justify appellate intervention
  2. 2 Whether a direction should have been made that the sentence be served in a Juvenile Justice institution
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The disparity between the sentences imposed on the applicant and his co-offender was not justified by differences in their criminal histories or involvement in the offence, and the applicant had mitigating factors favouring him. Accordingly, parity required appellate intervention, and the applicant should be resentenced in line with the co-offender, including a direction to serve his sentence in a Juvenile Justice institution.

Court Disposition

Appeal allowed

Orders

  • Leave granted to appeal
  • Appeal allowed