Postiglione v R [1997] HCA 26 | 24 July 1997

ON 24 JULY 1997, the High Court of Australia delivered Postiglione v R [1997] HCA 26; (1997) 189 CLR 295; (1997) 145 ALR 408; (1997) 71 ALJR 875 (24 July 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/26.html

The decision is an exposition of the principle of due proportionality set out in the earlier decision of the court in Lowe v R [1984] HCA 46; (1984) 154 CLR 606 (2 August 1984).

Different sentences may be imposed upon like offenders to reflect different degrees of culpability or different circumstances of the offenders.

At 302, Dawson and Gaudron JJ said:

“Discrepancy or disparity is not simply a question of the imposition of different sentences for the same offence. Rather, it is a question of due proportion between those sentences, that being a matter to be determined having regard to the different circumstances of the co-offenders in question and their different degrees of criminality.”

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