Thompson v The Queen

[2022] VSCA 67

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Application for leave to appeal against sentence
4. › Parity
5. › Lack of disparity
6. › Co-offenders receiving same sentences
7. › Whether lack of disparity justified where co-offender had more extensive criminal history but background of significant disadvantage
8. › Whether sentences lenient in any event
1. Criminal Law
2. › Sentence
3. › Sentencing principles
4. › Parity principle
5. › Whether reasonably open to sentencing judge not to differentiate between co-offenders
6. › Relevance of co-offender's background of disadvantage
7. › Bugmy principles

Quick Take

A co-offender's background of significant disadvantage (as recognised under Bugmy principles) can justify imposing the same sentence on a co-offender with a lesser criminal history but a more stable background, such that the lack of disparity does not offend the parity principle. The leniency of the sentences imposed provides an independent basis for refusing leave to appeal on parity grounds.