Miller v The Queen

[2012] VSCA 270

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Parity
4. › Co-offenders receiving same sentence
5. › Whether sentencing judge required to account for differences in character and antecedents between co-offenders
6. › Whether ringleader role justified equivalent sentence to armed co-offender with extensive criminal history

Quick Take

A sentencing judge's determination not to distinguish between co-offenders on the basis that one was the organiser and ringleader may be reasonably open even where there are significant differences in criminal history, character and rehabilitation prospects, provided the sentencing judge was aware of those differences. The ringleader role may justify equivalent sentencing to an armed co-offender with a far worse criminal record.