R v MURRAY [2003] NSWCCA 116

R v MURRAY [2003] NSWCCA 116

The parity ground was not made out because the applicant was sentenced not only for robbery in company but also for two other offences and 15 Form 1 matters, including serious conduct connected with avoiding apprehension and arrest, and he was on a bond. His criminality was greater than that of West, who was dealt with only for one offence. Judge Kinchington properly considered totality, the early plea, special circumstances, the applicant's subjective material and rehabilitation prospects, and the sentences disclosed no error warranting intervention.

Jurisdiction
Australia
Judgment Date
02 May 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['parity' 'totality' 'form 1 Offences' 'robbery in Company' 'use of Offensive Weapon to Prevent Lawful Detention' 'stealing From a Person']
['criminal Law' 'sentencing'] ['parity' 'totality' 'form 1 Offences' 'robbery in Company' 'use of Offensive Weapon to Prevent Lawful Detention' 'stealing From a Person']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the applicant's sentence was unfairly disparate when compared with the sentence imposed on co-offender Louie West." "Whether the sentencing judge properly applied totality and gave appropriate weight to the applicant's subjective circumstances."]

Ratio Decidendi

The parity ground was not made out because the applicant was sentenced not only for robbery in company but also for two other offences and 15 Form 1 matters, including serious conduct connected with avoiding apprehension and arrest, and he was on a bond. His criminality was greater than that of West, who was dealt with only for one offence. Judge Kinchington properly considered totality, the early plea, special circumstances, the applicant's subjective material and rehabilitation prospects, and the sentences disclosed no error warranting intervention.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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