Cai v R [2023] NSWCCA 270

Cai v R [2023] NSWCCA 270

The comparison between the starting point sentences of the applicant and the co-offender was appropriate, reflected the differences in gravity and personal circumstances, and no legitimate sense of grievance arises. The sentence imposed on the applicant was not manifestly excessive in all the circumstances.

Jurisdiction
Australia
Judgment Date
08 November 2023
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'dealing in Money Intending It to Become Instrument of Crime' 'parity' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'dealing in Money Intending It to Become Instrument of Crime' 'parity' 'manifest Excess']

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
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the applicant's sentence was excessive in light of parity with a co-offender's sentence" "Whether the applicant's sentence was manifestly excessive"]

Ratio Decidendi

The comparison between the starting point sentences of the applicant and the co-offender was appropriate, reflected the differences in gravity and personal circumstances, and no legitimate sense of grievance arises. The sentence imposed on the applicant was not manifestly excessive in all the circumstances.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Dismiss the appeal.']