Farrugia v The Queen

(2011) 32 VR 140; [2011] VSCA 24

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Parity principle
4. › Application to persons who are not co-offenders
5. › Whether parity principle applies to offenders involved in a common criminal enterprise
6. › Whether brothers who separately robbed the same victim were involved in a common criminal enterprise
1. Criminal Law
2. › Sentence
3. › Parity principle
4. › Equal justice
5. › Whether broad principle of equal justice requires relativity between sentences of related offenders who are not co-offenders and not in a common criminal enterprise
6. › Relevance of nexus between offenders and similarity of conduct
1. Criminal Law
2. › Sentence
3. › Parity principle
4. › Re-sentencing
5. › Relevance of co-offender's inadequate sentence
6. › Weight to be given to inadequate sentence on re-sentencing

Quick Take

Even where offenders are not co-offenders and are not involved in a common criminal enterprise, the broad principle of equal justice may require that the sentence imposed on one offender be a relevant factor in sentencing the other, where their offending is very similar and in some way related. The weight to be attributed to the comparator sentence depends on the nexus between the offenders, the degree of similarity between their conduct, and factors personal to each offender. Where the comparator sentence is manifestly inadequate, it should only be given such weight as is appropriate in the circumstances.