Kristy Lee Fyfe & Ors v The Queen & Anor

[1998] WASCA 59

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders
5. › Whether disparity between sentences justified by differences in role, criminal history and personal circumstances
6. › Whether justifiable sense of grievance in mind of objective observer
7. › Young Offenders Act 1994 (WA), s 120(1)
1. Criminal Law
2. › Sentencing
3. › Young offenders
4. › Custodial sentence for child
5. › Whether no other appropriate way to dispose of matter
6. › Young Offenders Act 1994 (WA), s 120(1)
1. Criminal Law
2. › Sentencing
3. › Principles
4. › Proportionality
5. › Previous criminal history not to result in penalty disproportionate to gravity of offences

Quick Take

The parity principle requires both that equal cases be treated alike and that disparate cases be treated differently. Where co-offenders differ markedly in their role in the offence (dominant vs subordinate), criminal history (extensive vs first offender), and rehabilitation prospects, a dramatic difference in sentencing disposition — imprisonment versus a community-based order — does not give rise to a justifiable sense of grievance.