Menzies v R [2024] NSWCCA 248
The disparity between Mr Menzies' sentence and Mr Knight's sentence does not give rise to a justifiable sense of grievance because differences in the number and nature of offences, roles played, criminal history, and personal circumstances provide reasonable explanation. The differentiation in sentences was open to King DCJ in the exercise of sentencing discretion.
- Parties
- Applicant: Simon Menzies; Respondent: Rex
- Jurisdiction
- Australia
- Judgment Date
- 20 December 2024
- Procedural Posture
- Appeal Against Sentence / Court of Criminal Appeal Judgment
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Appeals Against Sentence, Parity Principle, Dealing With Property Suspected of Being Proceeds of Crime
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Simon Menzies
Applicant
Rex
Respondent
Procedural Posture
Appeal Against Sentence / Court of Criminal Appeal Judgment
Legal Issues
- 1 Whether the disparity between the sentences imposed on Mr Menzies and his co-offender, Mr Knight, gives rise to a justifiable sense of grievance warranting a different sentence
Ratio Decidendi
The disparity between Mr Menzies' sentence and Mr Knight's sentence does not give rise to a justifiable sense of grievance because differences in the number and nature of offences, roles played, criminal history, and personal circumstances provide reasonable explanation. The differentiation in sentences was open to King DCJ in the exercise of sentencing discretion.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Grant leave to appeal
- Appeal dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment