Bisasa v R [2023] NSWCCA 251

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bisasa v R [2023] NSWCCA 251 Hearing dates: 18 August 2023 Date of orders: 06 October 2023 Decision date: 06 October 2023 Before: Basten AJA at [1]; Walton J at [2]; Sweeney J [3]. Decision: 1. Leave to appeal granted. 2. Appeal against sentence dismissed. Catchwords: SENTENCING – appeal against sentence – attempted possession of border-controlled drug – applicant sentenced before co-offender – expectation of equality – whether disparity in sentences before discount gave rise to justifiable sense of grievance – whether co-offender's lesser sentence justified by lesser role in offending, youth and more favourable subjective circumstances – judge who sentenced both expressly addressed question of parity Legislation Cited: Criminal Code Act 1995 (Cth), ss 11.1, 11.2A, 307.5 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Chamon v R [2020] NSWCCA 112 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Lloyd v R [2017] NSWCCA 303 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Texts Cited: Nil Category: Principal judgment Parties: Akuila Bisasa (Applicant) Rex (Respondent) Representation: Counsel: T Game SC with P Lange (Applicant) L Fernandez (Respondent)

Solicitors: Zahr Partners (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2014/351887 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 05 November 2019 Before: Pickering SC DCJ File Number(s): 2014/351887