Mansaray v R [2018] NSWCCA 16

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mansaray v R [2018] NSWCCA 16 Hearing dates: 9 February 2018 Date of orders: 16 February 2018 Decision date: 16 February 2018 Before: Macfarlan JA at [1]; Hoeben CJ at CL at [2]; Garling J at [49] Decision: (1) Leave to appeal granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – offence of specially aggravated break and enter a dwelling and committing a serious indictable offence, namely robbery, contrary to s 112(3) Crimes Act 1900 (NSW) – co-offender pleaded guilty to lesser offence contrary to s 112(2) Crimes Act – whether parity principle required applicant's sentence to be reduced – difference in objective seriousness of offending justified difference in sentences in circumstances where the subjective case of both offenders similar – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 112(3) Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Daw v R [2017] NSWCCA 327 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Iskander v R [2013] NSWCCA 235 Miles v R [2017] NSWCCA 266 R v Swan [2006] NSWCCA 47 Usher v R [2016] NSWCCA 276 Veen v The Queen (No 2) [1988] HCA 14; 164 CLR 465 Wong v The Queen [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Kassim Mansaray – Applicant Regina – Respondent Crown Representation: Counsel: P Johnson – Applicant B Baker – Respondent Crown