Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
San Gabriel v The Queen [2002] FCAFC 169
SENTENCING – disparity – whether sense of grievance on part of appellant objectively justifiable – co-offender with longer record committed offence and further offence whilst on parole - whether failure to allow for longer record, further offence and remaining portion of previous sentence when sentencing co-offender justified appellant's sense of grievance. Firearms Act 1996 (ACT), s 16(1) Parole Act 1976 (ACT), s 22 Rehabilitation of Offenders (Interim) Act 2001 (ACT), s 31(2), s 32, s 61 Crimes Act 1900 (ACT), s 342
Postiglione v The Queen (1997) 189 CLR 295, referred Steer v The Queen (2000) 171 ALR 463, cited Omar v The Queen (1991) 55 A Crim R 373, cited R v Tait (1979) 46 FLR 386, referred Dinsdale v The Queen (2000) 202 CLR 321, referred Lowe v The Queen (1984) 154 CLR 606, referred CHRISTIAN SAN GABRIEL v THE QUEEN A41 OF 2001 MILES, RYAN and HIGGINS JJ CANBERRA 5 JUNE 2002
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A41 OF 2001
DISTRICT REGISTRY
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: CHRISTIAN SAN GABRIEL
APPELLANT
AND: THE QUEEN
RESPONDENT
JUDGES: MILES, RYAN and HIGGINS JJ
DATE OF ORDER: 22 FEBRUARY 2002
DATE OF JUDGMENT: 5 JUNE 2002
WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The sentence and orders of the Supreme Court be confirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A41 OF 2001
DISTRICT REGISTRY
BETWEEN: CHRISTIAN SAN GABRIEL
APPELLANT
AND: THE QUEEN
RESPONDENT
JUDGES: MILES, RYAN and HIGGINS JJ
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