P v R [2023] NSWCCA 297

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: P v R [2023] NSWCCA 297 Hearing dates: 16 October 2023 Date of orders: 27 November 2023 Decision date: 27 November 2023 Before: Davies J at [1] Fagan J at [2] Dhanji J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – leave to appeal granted – parity – whether applicant has a justifiable grievance in light of the sentences imposed on the co-offenders – manufacture of a large commercial quantity of MDMA – criminal enterprise – group of four offenders – where two co-offenders previously successfully appealed sentences to achieve parity with applicant – where applicant was slightly lower in hierarchy than co-offenders – differentiation justified by other factors – no justifiable sense of grievance established – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bahcekapili v R [2020] NSWCCA 296 C v R [2022] NSWCCA 285 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Nahlous v R (2010) 77 NSWLR 463; [2010] NSWCCA 58 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v NP [2003] NSWCCA 195 R v Waqa (No 2) (2005) 156 A Crim R 454; [2005] NSWCCA 33 Redfern v R (2012) 228 A Crim R 56; [2012] NSWCCA 178 Schembri v Regina [2010] NSWCCA 149 SF v R [2022] NSWCCA 216 Thorn v R (2009) 198 A Crim R 135; [2009] NSWCCA 294 Z v R [2022] NSWCCA 286 Category: Principal judgment Parties: P (Applicant) Rex (Respondent) Representation: Counsel: A Chhabra with P Ye (Applicant) V Garrity (Respondent)