NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v. HUMPHRIES [2005] NSWCCA 305
HEARING DATE(S): Tuesday 23 August 2005
JUDGMENT DATE: 6 September 2005
JUDGMENT OF: Sully J at 1; Hidden J at 2; Hall J at 3
DECISION: Leave to appeal granted; appeal dismissed
CATCHWORDS: Criminal law - disparity of sentences - whether less severe sentence warranted - justifiable sense of grievance - applicant received the same sentence as his brother - no basis for the claimed disparity - the facts did not permit a basis for distinguishing between the sentences - age alone was not a sufficient basis in these circumstances for distinguishing between the sentences
Crimes Act 1900 Pawnbrokers & Second-hand Dealers Act 1996 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Bavadra (2000) 115 A. Crim .R. 152 Vougdis (1989) 41 A. Crim .R. 125 Attorney General's Application under s.37 of the Crimes (Sentencing Procedure) Act 1999 (2002) 56 NSWLR 146 White (1981) 28 SASR 9 CASES CITED: Murrell (1985) 4 FCR 168 Morgan (1993) 70 A. Crim .R. 368 Lowe (1984) 154 CLR 606 Postiglione (1997) 189 CLR 295 Doggett (CCA, unreported 24 March 1997)
REGINA v. PARTIES: HUMPHRIES, Joshua
FILE NUMBER(S): CCA No. 2005/770
Crown: J. Dwyer COUNSEL: App: H. Dhanji
Crown: S. Kavanagh SOLICITORS: App: S.E. O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/31/0222
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