Regina v Shannon Ryan [1999] NSWCCA 432

Regina v Shannon Ryan [1999] NSWCCA 432

While the original sentences were not manifestly excessive, the later reduction in the co-offender’s sentence required a corresponding reduction for the applicant to avoid unjustifiable disparity and maintain parity between co-offenders.

Parties
Crown: Regina; Applicant: Shannon Ryan
Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentences quashed; substituted sentences imposed.
Legal Topics
Sentencing, Parity of Sentencing, Breaking, Entering and Stealing, Receiving Stolen Property
Criminal Law Sentencing Parity of Sentencing Breaking, Entering and Stealing Receiving Stolen Property

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Parties

Regina

Crown

Shannon Ryan

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the applicant were manifestly excessive
  2. 2 Whether, in light of the reduced sentence for a co-offender, parity required reduction of the applicant's sentence

Ratio Decidendi

While the original sentences were not manifestly excessive, the later reduction in the co-offender’s sentence required a corresponding reduction for the applicant to avoid unjustifiable disparity and maintain parity between co-offenders.

Court Disposition

Leave to appeal granted; appeal allowed; sentences quashed; substituted sentences imposed.

Orders

  • For each contravention of s.188 of the Crimes Act 1900, the applicant is sentenced to penal servitude for a fixed term of 1 year and 6 months, to commence on 11 August 1998 and to expire on 10 February 2000.
  • For each contravention of s.112(1) of the Crimes Act 1900, the applicant is sentenced to penal servitude for 3 years and 6 months, divided between a minimum term of 1 year and 6 months to commence on 11 August 1998 and to expire on 10 February 2000, and an additional term of 2 years to commence on 11 February 2000,...