R v Tinti

[2010] VSCA 9

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity
4. › Co-offender's sentence reduced on appeal
5. › Whether sentencing discretion re-opened
6. › Whether belated application for reinstatement should be allowed
1. Criminal Law
2. › Sentencing
3. › Conspiracy to commit burglary
4. › Sentence based on conduct outside scope of conspiracy count
5. › Re-sentencing on appeal
1. Criminal Law
2. › Appeal
3. › Reinstatement of appeal
4. › Belated application
5. › Co-offender's sentence subsequently reduced
6. › Whether just to refuse reinstatement

Quick Take

Where a co-offender's sentence is reduced on appeal, parity principles may vitiate the applicant's sentence and compel re-sentencing, even where the applicant's own appeal was previously dismissed for procedural default. However, parity does not require automatic reduction to the same sentence as the co-offender where distinguishing features exist.