Gray v R [2021] NSWCCA 219

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gray v R [2021] NSWCCA 219 Hearing dates: 23 August 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Before: Payne JA at [1] Garling J at [2] Wright J at [100] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Sentence imposed on the appellant in the District Court on 27 May 2019 is quashed. (4) The appellant is sentenced to an aggregate term of imprisonment of 10 years commencing 25 July 2017 and expiring on 24 July 2027 with a non-parole period of 6 years and 6 months to expire on 24 January 2024. (5) Pursuant to s 53A(4) of the Crimes (Sentencing Procedure) Act 1999, the indicative sentences are: • Count 1 – 5 years and 6 months with a non-parole period of 3 years and 8 months; • Count 2 – 5 years and 5 months; • Count 3 (taking into account the three Form 1 matters) – 6 years and 6 months. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – three co-offenders sentenced contemporaneously – criminality in each of the offences was identical – different aggregate sentences imposed – alleged grievance at the disparity in the sentences – application of the principle of parity and equal justice – applicant re-sentenced – appeal allowed Legislation Cited: Crimes Act 1900 Cases Cited: Dungay v R [2020] NSWCCA 209 Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 Hughes v R [2018] NSWCCA 2 Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Clarke [2013] NSWCCA 260 Regina v Henry & Barber (1996) 46 NSWLR 346; [1999] NSWCCA 111 Why v R [2017] NSWCCA 101 Texts Cited: Not Applicable Category: Principal judgment Parties: Matthew Gray (Applicant) Crown (Respondent) Representation: Counsel: S Goodwin (Applicant) M Millward (Respondent)