Vassiliou v R [2022] NSWCCA 91

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vassiliou v R [2022] NSWCCA 91 Hearing dates: 22 April 2022 Date of orders: 16 May 2022 Decision date: 16 May 2022 Before: Harrison, Davies and Hallen JJ at [1] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – where applicant pleaded guilty in Local Court to robbery in company – discount for assistance – where another offender involved – where other offender identified by applicant - where alleged co-offender not prosecuted – whether sentencing judge erred in not having regard to all matters set out in s 23(2) in assessing value of applicant's assistance – whether discount of 5% was open to sentencing judge CRIME – appeals – appeal against sentence – parity – where applicant's 16-year-old sister was co-offender and was sentenced in Children's Court – whether disparity between sentences imposed on applicant and young person gave rise to a justifiable sense of grievance – where parity not raised by the applicant before the sentencing judge – significant differences between applicant and co-offender – no justifiable sense of grievance Legislation Cited: Crimes Act 1900 (NSW) ss 97, 192E Crimes (Sentencing Procedure) Act 1999 (NSW) s 23 Firearms Act 1996 (NSW) ss 4, 4D, 7, 65 Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Greentree v R [2018] NSWCCA 227 Hraiki v R [2019] NSWCCA 140 Hutchinson v R [2014] NSWCCA 317 Jones v R [2021] NSWCCA 106 R v Henry (1999) 46 NWSWLR 346; [1999] NSWCCA 111 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Texts Cited: Nil Category: Principal judgment Parties: Jacob Vassiliou (Applicant) Crown (Respondent) Representation: Counsel: M Crawford-Fish (Applicant) E Nicholson (Respondent)