Sheu v R [2018] NSWCCA 86

Sheu v R [2018] NSWCCA 86

The sentencing judge appropriately exercised discretion and distinguished between the offenders by the degree of notional accumulation of indicative sentences. The minor differences in circumstances were evaluated, and the resulting sentences were not unjustifiably similar. No error in principle is demonstrated justifying leave to appeal.

Jurisdiction
Australia
Judgment Date
02 May 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal From Sentence
Outcome
Leave to appeal refused
Legal Topics
['sentencing' 'parity of Sentences' 'criminal Group Participation' 'break and Enter' 'aggravated Break and Enter']
['criminal Law'] ['sentencing' 'parity of Sentences' 'criminal Group Participation' 'break and Enter' 'aggravated Break and Enter']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal From Sentence

Legal Issues

  1. 1 ["Whether the applicant's sentence was unjustifiably similar to that of his co-offender, Gjergi Nika, given the differences in their respective circumstances"]

Ratio Decidendi

The sentencing judge appropriately exercised discretion and distinguished between the offenders by the degree of notional accumulation of indicative sentences. The minor differences in circumstances were evaluated, and the resulting sentences were not unjustifiably similar. No error in principle is demonstrated justifying leave to appeal.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']