Event and Time
Event Description
- On 15 June 2020, six applicants and a seventh co-offender pleaded guilty to multiple housebreaking offences, involving eight incidents across Melbourne between September 2018 and January 2019.
- The offences were focused on stealing cannabis plants, which the offenders believed would not be reported to the police.
Application and Claims
- Each of the applicants sought leave to appeal against their sentences on the basis of the principle of parity, claiming their sentences were disproportionate compared to those received by co-offenders who were resentenced after successfully appealing their original sentences.
Judicial Decisions
- The Crown conceded that the applications for leave to appeal be granted and proposed that the sentences be adjusted to restore proportionality amongst co-offender sentences.
Dispute Points and Legal Basis
Dispute Points
- Applicants’ Claims:
- Argue that their individual sentences and orders for cumulation do not adhere to the principle of parity, particularly in light of the new sentences imposed on Balshaw, Abela-Rogers, and Charlie Farrugia. - Synan expressed a general grievance regarding the fairness of his sentence compared to co-offenders.
- Crown's Position:
- Supported the appeal applications and recognized the necessity for resentencing to ensure fairness in sentencing among the co-offenders.
- Judicial Considerations:
- Assessments regarding the nature of the offending and circumstances of each offender, including backgrounds, remorse expressed, and rehabilitation prospects.