Stuart v R [2016] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stuart v R [2016] NSWCCA 72 Hearing dates: 24 March 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Before: Hoeben CJ at CL at [1]; Harrison J at [2]; Davies J at [19] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – parity – whether offender can demonstrate that he has grounds for a justifiable sense of grievance Legislation Cited: Crimes Act 1900 Cases Cited: Glover v R; Stuart v R [2015] NSWCCA 285 Jimmy v Regina [2010] NSWCCA 60; (2010) 77 NSWLR 540 Loader v R; Dunn v R [2013] NSWCCA 215 Tatana v R [2006] NSWCCA 398 Category: Principal judgment Parties: Nathan Stuart (Applicant) Crown (Respondent) Representation: Counsel: G Brady SC (Applicant) N Adams (Respondent)

Solicitors: Nyman Gibson Miralis (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/294024 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 29 November 2013 Before: Garling ADCJ File Number(s): 2011/294024

Judgment 1. HOEBEN CJ at CL: I agree with Harrison J. 2. HARRISON J: Mr Stuart seeks leave to appeal to this Court against the sentence imposed upon him by Garling ADCJ on 29 November 2013 on the single ground that his sentence, when compared to that imposed upon a co-offender Laurence Glover, gives rise to a justifiable sense of grievance.