Jardim v WA

[2011] WASCA 83

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders receiving same total effective sentence
5. › Whether lack of disparity gives rise to justifiable sense of grievance
6. › Whether differences in personal circumstances justify lack of disparity
7. › Misuse of Drugs Act 1981 (WA), s 6
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Relationship between totality principle and parity principle
5. › Comparison of total effective sentences where co-offenders face different numbers of charges
1. Criminal Law
2. › Appeal against sentence
3. › Extension of time to appeal
4. › Delay attributable to timing of co-offender's appeal

Quick Take

The parity principle may be infringed where a co-offender's sentence is reduced on appeal to the same level as the appellant's sentence, despite the co-offender's substantially greater criminality. The relevant comparison for parity purposes is between total effective sentences for all offending, not merely the sentences for common offences. A parity comparison can still be meaningfully made where co-offenders face different sets of charges, provided the common charges are sufficiently serious and represent a significant part of each offender's overall criminality.