Chandler v R [2022] NSWCCA 124

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chandler v R [2022] NSWCCA 124 Hearing dates: 27 May 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Before: Bell CJ at [1]; Button J at [30]; N Adams J at [31] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – principle of parity – where applicant and co-offender pleaded guilty to different offences arising from identical facts – where different offences reflected different levels of moral and criminal culpability CRIME – appeals – appeal against sentence – aggravating factors – in company – Applicant carried out offence in company with co-offender – where co-offender pleaded guilty to lesser offence on the basis of joint criminal enterprise – whether the fact that Applicant was in company was an element of his offending SENTENCING – appeal against sentence – co-offenders – disparity between sentences – applicant shot victim in leg after co-offender lured him into position – applicant and co-offender pleaded guilty to different offences arising from identical facts – where maximum penalty for applicant's offence is 25 years' imprisonment compared to 10 years for co-offender's offence – where applicant's moral and criminal culpability significantly higher than that of co-offender – where applicant obtained lesser discount than co-offender for guilty plea – whether there was unjustifiable disparity between applicant and co-offender's sentences SENTENCING – appeal against sentence – aggravating factors – in company – Applicant carried out offence in company with co-offender – where co-offender pleaded guilty to lesser offence on the basis of joint criminal enterprise – whether the fact that Applicant was in company was an element of his offending Legislation Cited: Crimes Act 1900 (NSW) ss 33A, 93G Crimes (Sentencing Procedure) Act 1999 (NSW) ss 10(1)(a), 21A(2), 25D, 25E Criminal Procedure Act 1986 (NSW) s 166 Firearms Act 1996 (NSW) s 65(3) Cases Cited: Daw v R [2017] NSWCCA 327 Gaggioli v R [2014] NSWCCA 246 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kadwell (a pseudonym) v R [2021] NSWCCA 42 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Birchell [2020] NSWDC 69 Tabbah v R [2019] NSWCCA 324 Category: Principal judgment Parties: Dylan Zachary Chandler (Applicant) The Crown (Respondent) Representation: Counsel: