R v Wicks [2012] NSWCCA 208

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Wicks [2012] NSWCCA 208 Hearing dates: 7 August 2012 Decision date: 20 September 2012 Before: McClellan CJ at CL at [1] R A Hulme J at [2] Schmidt J at [48] Decision: 1. Leave to appeal granted 2. Appeal dismissed Catchwords: CRIMINAL LAW - appeal and new trial - appeal against sentence - grounds for interference - parity between co-offenders - difference in sentences insignificant Legislation Cited: Drugs Misuse and Trafficking Act 1985 Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 Category: Principal judgment Parties: Brett Andrew Wicks (Applicant) Regina (Respondent) Representation: Counsel: Ms C Loukas (Applicant) Mr E Balodis (Respondent) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2009/323731 Decision under appeal Date of Decision: 2011-04-21 00:00:00 Before: Coolahan DCJ File Number(s): 2009/323731

Judgment 1McCLELLAN CJ at CL: I agree with R A Hulme J. 2R A HULME J: Brett Wicks was sentenced for drug supply offences to a total of three years and three months imprisonment. His brother Danny Wicks was also sentenced for drug supply offences but received a total sentence of three years imprisonment. Brett Wicks complains in this Court that there is an erroneous disparity between his sentence and that of his brother. Certainly the sentence imposed upon Brett Wicks was longer than the sentence imposed upon Danny Wicks. But in my view the disparity is not such that it calls for the intervention of this Court.