PETTERSON, Benjamin v R [2013] NSWCCA 133

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PETTERSON, Benjamin v R [2013] NSWCCA 133 Hearing dates: 14 May 2013 Decision date: 07 June 2013 Before: Hoeben CJ at CL at [1]; Hall J at [2]; Davies J at [65] Decision: (1) Order an extension of time for the filing of the application for leave to appeal. (2) Order that leave to appeal be granted. (3) Order that the appeal be dismissed. Catchwords: CRIMINAL LAW - sentence appeal by applicant - co-offenders - whether disparity between sentences - whether justifiable sense of grievance - parity principles - co-offenders in same criminal enterprise charged with different offences - differences in objective circumstances of offences - applicant on conditional liberty at time of offences - applicant an escapee at time of second offence - applicant's subjective circumstances unfavourable - no basis for any justified sense of grievance - no marked disparity established - appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Code (Cth) Drug Misuse and Trafficking Act 1985 Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 59 Jimmy v R (2010) 77 NSWLR 540 Lowe v The Queen (1984) 154 CLR 606 Category: Principal judgment Parties: Benjamin Petterson (Applicant) Crown (Respondent) Representation: Counsel: D O'Neill (Applicant) T Smith (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/5865 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-08-07 00:00:00 Before: Norrish DCJ File Number(s): 2009/5865