Lewins v R [2007] NSWCCA 189

Lewins v R [2007] NSWCCA 189

The disparity between the sentences imposed on the applicant and his co-offender was so gross and unreasonable that the Court must intervene to ameliorate the applicant's sentence to some degree, otherwise there would be a strong sense that justice has not been achieved. The sentencing judge erred in disregarding the principle of parity and in the excessive application of discounts to the co-offender, resulting in manifestly inadequate sentences.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Appeal allowed, leave granted, original sentences quashed and new sentences imposed
Legal Topics
['appeal' 'sentencing' 'disparity' 'ellis Discount' 'parity Between Co Offenders']
['criminal Law'] ['appeal' 'sentencing' 'disparity' 'ellis Discount' 'parity Between Co Offenders']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the disparity between the sentences imposed on the applicant and his co-offender Woolhouse was so gross as to warrant intervention' 'Whether the sentencing judge misapplied the Ellis discount' "Whether the sentence imposed upon Woolhouse was manifestly inadequate and if so, whether this affects the applicant's sentence"]

Ratio Decidendi

The disparity between the sentences imposed on the applicant and his co-offender was so gross and unreasonable that the Court must intervene to ameliorate the applicant's sentence to some degree, otherwise there would be a strong sense that justice has not been achieved. The sentencing judge erred in disregarding the principle of parity and in the excessive application of discounts to the co-offender, resulting in manifestly inadequate sentences.

Court Disposition

Appeal allowed, leave granted, original sentences quashed and new sentences imposed

Orders

  • ['Grant leave to appeal and allow the appeal' 'Quash the sentences imposed in the District Court' 'Count 1: Imprisonment for 18 months fixed term from 10 April 2006 to expire 9 October 2007' 'Count 2 (and matters on Form 1): Imprisonment for 6 years with a non-parole period of 4 years 6 months, from 10 April 2006 to...