Somba v Regina [2012] NSWCCA 214

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Somba v Regina [2012] NSWCCA 214 Hearing dates: 26 July 2012 Decision date: 23 November 2012 Jurisdiction: Criminal Before: Beazley JA at [1] Hall J at [2] SG Campbell J at [87] Decision: 1)Leave to appeal be granted. 2)The appeal be dismissed. Catchwords: CRIMINAL LAW - appeal - appeal against sentence - parity of sentences in relation to sentences imposed on the applicant and on each of the two co-offenders - whether severity of sentence imposed on applicant gave rise to justifiable sense of grievance - whether sentencing judge erred in application of Pearce v The Queen [1998] HCA 57 - whether total sentence imposed in respect of one count excessive - whether total effective sentence manifestly excessive - error not established. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedures) Act 1999 Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Johnson v R [2010] NSWCCA 124 Lowe v The Queen [1984] HCA 46; 154 CLR 606 McIvor v Regina [2010] NSWCCA 7 Pearce v The Queen [1998] HCA 57; 194 CLR 610 Qing An v Regina [2007] NSWCCA 53 R v Bavadra [2000] NSWCCA; 115 A Crim R 152 R v Hoschke [2001] NSWCCA 316 R v JW [2010] NSWCCA 49 R v Swan [2006] NSWCCA 47 Category: Principal judgment Parties: Hans Christian Somba (Applicant) Regina (Respondent) Representation: Counsel: Ms J Manuell SC (Applicant) Deputy Director Mr J Pickering (Respondent) Solicitors: Voros Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2008/84619 Decision under appeal Date of Decision: 2011-03-04 00:00:00 Before: Hock DCJ