Kremisis v R [2016] NSWCCA 257

Marked, unjustified divergence in the starting points for comparable offences between applicant and co-offender established a justifiable sense of grievance warranting appellate intervention and re-sentence.

Jurisdiction: Australia
Judgment Date: 18 November 2016
Procedural Posture: Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome: Appeal allowed; sentences quashed; applicant re-sentenced.
Legal Topics: ['sentence Appeal' 'drug Offences' 'parity Principle' 'manifest Excess' 'sentencing Discretion']

['criminal Law'] ['sentence Appeal' 'drug Offences' 'parity Principle' 'manifest Excess' 'sentencing Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

1 ['Whether applicant has a justifiable sense of grievance based on sentence imposed on co-offender' "Whether sentencing judge erred by finding evidence not subject to cross-examination was 'untested'" "Whether sentencing judge erred by failing to find applicant's drug use was to a detrimental degree" 'Whether sentencing judge erred by finding effect on family was not exceptional' 'Whether sentence manifestly excessive']

Ratio Decidendi

Court Disposition

Appeal allowed; sentences quashed; applicant re-sentenced.

Orders

['Leave to appeal against sentence granted.' 'The appeal is allowed.' 'The sentences imposed by Judge Craigie SC on 22 August 2014 in the District Court are quashed.' 'The applicant is re-sentenced as follows: Count 1 – A non-parole period of 4 years and 6 months imprisonment, commencing on 30 June 2012 and...