SEN, Akin v R [2013] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SEN, Akin v R [2013] NSWCCA 30 Hearing dates: 15 November 2012 Decision date: 19 February 2013 Before: McClellan CJ at CL at 1 Rothman J at 2 Bellew J at 38 Decision: (1) Leave to appeal be granted; (2) Appeal allowed; (3) Sentence imposed on Mr Sen by the District Court on 20 May 2011 be quashed and in lieu thereof: (i) Mr Sen be sentenced for each of the offences of robbery in company and aggravated detain for advantage without consent committed on 23 January 2008, to a non-parole period of 3 years' imprisonment, commencing 1 March 2011 and concluding 28 February 2014, with a balance of term of 1 year and 9 months, concluding 30 November 2015. Mr Sen is first eligible for release on parole on 28 February 2014. Catchwords: CRIMINAL LAW - sentence appeal - parity with co-offender - justifiable sense of grievance - appeal allowed Cases Cited: Andrews v Law Society of British Columbia [1989] 1 SCR 143 Carruthers v R [2007] NSWCCA 276 Green v The Queen Jimmy v R [2010] NSWCCA 60 Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 Quinn v The Queen [2011] HCA 49; (2011) 86 ALJR 36 R v Tiddy [1969] SASR 575 Wong v R [2001] HCA 64; (2001) 207 CLR 584 Category: Principal judgment Parties: Akin Sen (Applicant) Crown (Respondent) Representation: Counsel: T Gartelmann (Applicant) H Wilson (Respondent) Solicitors: Legal Aid NSW (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2009/77481 Decision under appeal Date of Decision: 2011-05-20 00:00:00 Before: Colefax DCJ File Number(s): 2009/77481