Jaime Felipe PAREDES v R [2012] NSWCCA 4

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jaime Felipe PAREDES v R [2012] NSWCCA 4 Hearing dates: 5 December 2011 Decision date: 07 February 2012 Before: Meagher JA at [1] Hoeben J at [2] Rothman J at [3] Decision: (i) Leave to appeal granted; (ii) Appeal dismissed. Catchwords: APPEAL - CRIMINAL LAW - Alleged disparity between co-offenders - principles discussed - no justifiable sense of grievance, objectively determined - appeal dismissed. Cases Cited: Dwayhi v R; Bechara v R (2011) 205 A Crim R 274 Green v The Queen; Quinn v The Queen [2011] HCA 49 Gurney v R; Willetts v R [2011] NSWCCA 48 House v R [1936] HCA 40; (1936) 55 CLR 499 Jimmy v R [2010] NSWCCA 60; (2010) 77 NSWLR 540 Ng v R [2011] NSWCCA 227 R v Nguyen; R v Pham (2010) 205 A Crim R 106 Rae v R [2011] NSWCCA 211 Category: Principal judgment Parties: Regina (respondent) Representation: G. Nicholson QC (for the appellant) MM Cinque (for the respondent) Proctor & Associates (for the appellant) File Number(s): 2009/2620005 Decision under appeal Date of Decision: 2011-03-18 00:00:00 Before: Freeman DCJ File Number(s): 2009/2620

Judgment 1MEAGHER JA: I agree with Rothman J for the reasons he gives that leave to appeal should be granted and that the appeal against sentence be dismissed. 2HOEBEN J: I agree with Rothman J. 3ROTHMAN J: Jaime Felipe Paredes was charged with knowingly taking part in the supply of a prohibited drug, namely, methylamphetamine, approximately, but less than, 1 kg and not less than a commercial quantity. The date of the offence was between 26 February 2008 and 28 March 2008. Mr Paredes pleaded guilty (on the first day of trial) and was sentenced by Freeman DCJ on 18 March 2011. 4Mr Paredes was sentenced to a term of imprisonment for a non-parole period of four years and six months commencing on 27 March 2008, with a balance of term of a further three years to expire on 26 September 2015. Mr Paredes seeks to appeal on the sole ground of lack of parity with co-offenders.