Georgopolous v R [2010] NSWCCA 246

Georgopolous v R [2010] NSWCCA 246

The applicant’s sentence was not excessive nor unjust, given the lack of demonstrated remorse and the circumstances of the offence. Any disparity between his and the co-offender’s sentence was justified by the co-offender’s remorse. The only error was the omission to order parole at the conclusion of the non-parole period, which was corrected by the appellate court.

Parties
Applicant: Steven Georgopolous; Respondent: Regina
Jurisdiction
Australia
Judgment Date
05 November 2010
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Post Conviction
Outcome
Leave to appeal granted; appeal allowed in part; sentence confirmed; order for parole made
Legal Topics
Sentencing, Appeals, Remorse as Mitigating Factor, Parity of Sentences
Criminal Law Sentencing Appeals Remorse as Mitigating Factor Parity of Sentences

Case Brief

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Parties

Steven Georgopolous

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Post Conviction

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the objective seriousness of the offence
  2. 2 Whether there was unjust disparity between applicant's sentence and co-offender's sentence
  3. 3 Role and significance of remorse (and plea of guilty) under s 21A(3)(i) Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The applicant’s sentence was not excessive nor unjust, given the lack of demonstrated remorse and the circumstances of the offence. Any disparity between his and the co-offender’s sentence was justified by the co-offender’s remorse. The only error was the omission to order parole at the conclusion of the non-parole period, which was corrected by the appellate court.

Court Disposition

Leave to appeal granted; appeal allowed in part; sentence confirmed; order for parole made

Orders

  • Leave to appeal is granted
  • Appeal is allowed in part