R v BOUSEHJIN [2003] NSWCCA 86

R v BOUSEHJIN [2003] NSWCCA 86

Although the sentencing judge erred in focusing on the applicant's role in importation, the applicant's greater role compared to the co-offender justified a sentence no less than that imposed; thus, no lesser sentence should have been imposed and the appeal must be dismissed.

Parties
Respondent: Regina; Applicant: Tony Bousehjin
Jurisdiction
Australia
Judgment Date
25 March 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal From Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Drug Offences, Possession of Prohibited Imports, Parole and Non Parole Periods, Plea of Guilty, Assistance to Authorities, Parity
Criminal Law Sentencing Drug Offences Possession of Prohibited Imports Parole and Non Parole Periods Plea of Guilty Assistance to Authorities Parity

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Parties

Regina

Respondent

Tony Bousehjin

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal From Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in attributing a role in importation to the applicant
  3. 3 Whether principles of parity require sentence reduction

Ratio Decidendi

Although the sentencing judge erred in focusing on the applicant's role in importation, the applicant's greater role compared to the co-offender justified a sentence no less than that imposed; thus, no lesser sentence should have been imposed and the appeal must be dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed