R v Formosa [2005] NSWCCA 363

R v Formosa [2005] NSWCCA 363

The principles of parity in sentencing do not require, and would not permit, the court to intervene where the discrepancy in sentences derives primarily from the difference in the charges faced by co-offenders, and genuine differences in the offences and circumstances exist. The sentence imposed was not manifestly excessive given the seriousness of the crime, the applicant's plea of guilty, and special circumstances found.

Jurisdiction
Australia
Judgment Date
27 October 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Severity of Sentence; Appellate Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['severity of Sentence' 'maliciously Inflicting Grievous Bodily Harm' 'plea of Guilty' 'special Circumstances' 'non Parole Period' 'parity' 'sentencing Co Offenders' 'manifestly Excessive Sentence']
['criminal Law'] ['severity of Sentence' 'maliciously Inflicting Grievous Bodily Harm' 'plea of Guilty' 'special Circumstances' 'non Parole Period' 'parity' 'sentencing Co Offenders' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Severity of Sentence; Appellate Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether parity considerations apply to disparities in charging process between co-offenders' 'Whether the sentencing judge failed to have sufficient regard to the sentence imposed on the co-offender' 'Whether the applicant should have a justifiable sense of grievance about the disparity in sentences']

Ratio Decidendi

The principles of parity in sentencing do not require, and would not permit, the court to intervene where the discrepancy in sentences derives primarily from the difference in the charges faced by co-offenders, and genuine differences in the offences and circumstances exist. The sentence imposed was not manifestly excessive given the seriousness of the crime, the applicant's plea of guilty, and special circumstances found.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']