Dawson (a pseudonym) v R [2021] NSWCCA 33

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dawson (a pseudonym) v R [2021] NSWCCA 33 Hearing dates: 23 November 2020 Date of orders: 10 March 2021 Decision date: 10 March 2021 Before: Hoeben CJ at CL at [1]; Bellew J at [2]; Wright J at [3] Decision: (1) The applicant has leave to appeal. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal against sentence –Whether aggregate sentence manifestly excessive – Aggregate sentence not manifestly excessive in the circumstances CRIMINAL LAW – Sentence – Appeal against sentence – Parity – Whether applicant had justifiable sense of grievance by reason of marked disparity between the differences in length and mode of service of the sentences imposed upon him and his co-offender – Where applicant and co-offender were only co-offenders for one count among a collection of other offences – Objective and subjective features relevant to the applicant were different from those of the co-offender – No justifiable sense of grievance – Appeal dismissed Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Atai v R [2020] NSWCCA 302 Chamon v R [2020] NSWCCA 112 Charbaji v R [2019] NSWCCA 28 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hughes v R [2018] NSWCCA 2 Jimmy v R (2010) 77 NSWLR 540; [2010] NSWCCA 60 JM v R [2014] NSWCCA 297; 246 A Crim R 528 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 Remington v R [2018] NSWCCA 98 Rizk v R [2020] NSWCCA 291 R v Ball [2013] NSWCCA 126 R v Tannous; R v Fahda; R v Dib [2012] NSWCCA 243; 227 A Crim R 251. Sheather v R [2020] NSWCCA 162 Category: Principal judgment Parties: Dawson (a pseudonym) (Applicant) Regina (Crown) Representation: Counsel: S Kluss (Applicant) B Hatfield (Crown)