Ramos-Malo v R [2021] NSWCCA 49

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ramos-Malo v R [2021] NSWCCA 49 Hearing dates: 1 March 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Before: Gleeson JA at [1] Harrison J at [1] Bellew J at [1] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by his Honour Judge Bennett SC on 4 December 2019 and in lieu thereof sentence the applicant to an aggregate sentence of 8 years imprisonment commencing on 8 September 2018 with a non-parole period of 4 years and 9 months expiring on 7 June 2023. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – parity – whether applicant has a justifiable sense of grievance having regard to the sentence imposed on a co-offender Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 DS v R [2017] NSWCCA 37 JNM v R [2014] NSWCCA 297 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 11 Category: Principal judgment Parties: Dahcell Marco Charlton Ramos-Malo (Applicant) The Crown (Respondent) Representation: Counsel: L Rowan (Applicant) K Jeffreys (Respondent)

Solicitors: AC Law Group (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2018/224415; 2018/275659; 2017/103312 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: R v Glover; R v Ramos-Malo [2019] NSWDC 789 R v Misa; R v Ramos-Malo; R v Vaafusuaga [2019] NSWDC 788 Date of Decision: 04 December 2019 Before: Bennett SC DCJ File Number(s): 2018/224415; 2018/275659; 2017/103312