Site Logo

Rosales (a Pseudonym) v The Queen [2018] VSCA 130

appeal against sentence — attempting to possess commercial quantity of border controlled drug offence contrary to ss 11.1 and 307.5 of Commonwealth Criminal Code — original sentence imposed 7 years’ imprisonment with 4 year non-parole period — parity— all things being equal like offenders should be treated alike — relevant differences between culpability and personal circumstances must be appropriately accommodated — error where manifest disparity between co-offenders’ sentences taking into account differences between involvement of offenders and personal circumstances so as to give rise to justifiable sense of grievance — in this case offender’s role greater — offender provided medium level assistance to authorities — little or nothing else distinguishing offender and co-offender — offender’s assistance to authorities justifies the imposition of same sentence as co-offender whose offending was of a lower order — co-operation — ss 16A(2)(h) and 16AC — extent of any sentencing discount given to informer will vary from case to case — no standard discount so assessment of appropriate discount cannot be approached in mechanical or mathematical way — genuine co-operation of person furnishing assistance is important — appeal against sentence refused
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions