NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Farrugia [2022] NSWCCA 98 Hearing dates: 6 May 2022 Date of orders: 18 May 2022 Decision date: 18 May 2022 Before: Basten AJA at [1]; Price J at [23]; Adams J at [24] Decision: (1) With respect to ground 1, grant the applicant leave to appeal from the sentences imposed on him in the District Court on 22 October 2020. (2) Otherwise dismiss the application for leave to appeal. (3) Dismiss the appeal. Catchwords: SENTENCING – appeal against sentence – co-offenders – different discounts for respective pleas – difference in accumulation due to applicant's greater culpability and additional Form 1 offence – difference in non-parole period due to differences in motive, health needs and prospects of rehabilitation – disparity justified Legislation Cited: Crimes (Sentencing Procedures) Act 1999 (NSW), s 22 Category: Principal judgment Parties: Brian Farrugia (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: Mr E Ozen SC (Applicant) Ms A Bonnor (Respondent)
Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/268880 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 22 October 2020 Before: Graham ADCJ File Number(s): 2017/268880
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