MERHI v REGINA [2009] NSWCCA 9

MERHI v REGINA [2009] NSWCCA 9

The appeal was dismissed because the sentence for Count 2 was not excessive given the applicant's lead and substantial role in confronting, threatening and robbing the victim with the threat backed by a knife held by his co-offender; no gross disparity with the co-offender's sentence was established; and the total effective sentence was open to the sentencing judge, particularly because the separate serious robbery in company offence on Count 3 attracted no additional punishment as it was wholly concurrent with Count 2.

Jurisdiction
Australia
Judgment Date
12 February 2009
Procedural Posture
Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['manifest Excess' 'parity Between Co Offenders' 'armed Robbery' 'robbery in Company' 'totality' 'concurrent and Accumulated Sentences']
['criminal Law' 'sentencing' 'appellate Review'] ['manifest Excess' 'parity Between Co Offenders' 'armed Robbery' 'robbery in Company' 'totality' 'concurrent and Accumulated Sentences']

Case Brief

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for armed robbery was manifestly excessive.' "Whether disparity between the applicant's sentence and the co-offender's sentence for armed robbery gave rise to a justifiable sense of grievance." 'Whether the total effective sentence and non-parole period were manifestly excessive.']

Ratio Decidendi

The appeal was dismissed because the sentence for Count 2 was not excessive given the applicant's lead and substantial role in confronting, threatening and robbing the victim with the threat backed by a knife held by his co-offender; no gross disparity with the co-offender's sentence was established; and the total effective sentence was open to the sentencing judge, particularly because the separate serious robbery in company offence on Count 3 attracted no additional punishment as it was wholly concurrent with Count 2.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']