Douglas v R [2006] NSWCCA 94

Douglas v R [2006] NSWCCA 94

Because the co-offender Zarglis was a juvenile and sentenced in a different jurisdiction, and due to significant age and background differences, the sentencing judge was correct to find no issue of parity requiring reduction of the applicant's sentence; no relevant disparity arises warranting intervention.

Jurisdiction
Australia
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; Appeal refused.
Legal Topics
['sentencing' 'parity in Sentencing' 'aggravated Break Enter and Steal']
['criminal Law'] ['sentencing' 'parity in Sentencing' 'aggravated Break Enter and Steal']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to have regard to parity between the applicant and a co-offender (Zarglis) who was sentenced as a juvenile' 'Whether the sentence imposed on the applicant was manifestly excessive']

Ratio Decidendi

Because the co-offender Zarglis was a juvenile and sentenced in a different jurisdiction, and due to significant age and background differences, the sentencing judge was correct to find no issue of parity requiring reduction of the applicant's sentence; no relevant disparity arises warranting intervention.

Court Disposition

Leave to appeal granted; Appeal refused.

Orders

  • ['Leave to appeal granted.' 'Appeal refused.']