Mir v R

[2022] NSWCCA 132

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Equal justice
5. › Co-offenders sentenced for same offences
6. › Different roles in criminal hierarchy
7. › Whether lack of disparity gives rise to justifiable sense of grievance
1. Criminal Law
2. › Appeal
3. › Sentence appeal
4. › Extension of time
5. › Delay of approximately 9 years
6. › Whether extension should be granted

Quick Take

The parity principle does not require that a co-offender with a lesser role in a criminal hierarchy receive a lower sentence for individual counts where that offender's active participation in the physical commission of the offences (wielding weapons, threatening victims) offsets the organisational superiority of co-offenders. The assessment of parity must also account for the total effective sentences imposed on each co-offender.