Regina v Wei Pan [2005] NSWCCA 114

Regina v Wei Pan [2005] NSWCCA 114

The applicant does not have a justifiable sense of grievance under the parity principle because significant differences exist between the applicant and the co-offender Tran, including the applicant's poor prospects of rehabilitation and the application of the totality principle to his sentence, which justify the differences in their sentences.

Jurisdiction
Australia
Judgment Date
06 April 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed; bail revoked.
Legal Topics
['sentencing' 'parity Principle' 'malicious Wounding in Company' 'totality Principle']
['criminal Law'] ['sentencing' 'parity Principle' 'malicious Wounding in Company' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the applicant has a justifiable sense of grievance under the parity principle due to the sentence imposed on co-offender Tran.' "Whether the applicant's good behaviour on bail may be considered to vary the sentence under s.28A(2) Criminal Appeal Act 1912 when the appeal is dismissed."]

Ratio Decidendi

The applicant does not have a justifiable sense of grievance under the parity principle because significant differences exist between the applicant and the co-offender Tran, including the applicant's poor prospects of rehabilitation and the application of the totality principle to his sentence, which justify the differences in their sentences.

Court Disposition

Leave to appeal granted; appeal dismissed; bail revoked.

Orders

  • ['Leave to appeal granted but appeal is dismissed.' "The Applicant's bail is revoked." "In accordance with Ss 18(2) and 28A(3) Criminal Appeal Act 1912, the Applicant's non-parole period will re-commence on 6 April 2005 and expire on 5 July 2005 and the balance of term of imprisonment will expire on 4 April 2006."]