Smith v Regina [2009] NSWCCA 253

Smith v Regina [2009] NSWCCA 253

The judge found that the difference between sentences imposed on the applicant and her co-offender was appropriate, given the applicant’s age, lack of criminal record, and the co-offender’s influence, and thus did not create a justifiable sense of grievance requiring appellate intervention.

Jurisdiction
Australia
Judgment Date
02 October 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Decision
Outcome
Extension of time granted; leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'parity Principle' 'drug Offences' 'sentencing']
['criminal Law'] ['appeal Against Sentence' 'parity Principle' 'drug Offences' 'sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Decision

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant compared to the co-offender gives rise to a justifiable sense of grievance based on sentencing parity']

Ratio Decidendi

The judge found that the difference between sentences imposed on the applicant and her co-offender was appropriate, given the applicant’s age, lack of criminal record, and the co-offender’s influence, and thus did not create a justifiable sense of grievance requiring appellate intervention.

Court Disposition

Extension of time granted; leave to appeal granted; appeal dismissed.

Orders

  • ['Extension of time in which to seek leave to appeal against sentence granted.' 'Leave to appeal granted.' 'Appeal dismissed.']