R v Le [2019] NSWSC 633

R v Le [2019] NSWSC 633

In light of the offender’s exemplary character, lack of prior convictions, genuine provocation, significant personal injuries, disproportionate prosecutorial response compared to the original attackers, and the objective seriousness being at the lowest end for an offence under s 114(1)(a), the purposes of punishment, deterrence, and denunciation are satisfied by a s 10(1)(b) conditional release order of 12 months without conviction.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Criminal / Sentencing Judgment After Jury Conviction
Outcome
Without conviction: conditional release order for 12 months under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW)
Legal Topics
['sentencing' 'joint Criminal Enterprise' 'self Defence' 'conditional Release Order']
['criminal Law'] ['sentencing' 'joint Criminal Enterprise' 'self Defence' 'conditional Release Order']

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Procedural Posture

Criminal / Sentencing Judgment After Jury Conviction

Legal Issues

  1. 1 ['Whether a conditional release order without conviction is appropriate under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Objective seriousness of being armed with a weapon with intent under s 114(1)(a) Crimes Act 1900 (NSW)' 'Rejection of self-defence by the jury' 'Appropriate weight to general deterrence in circumstances of retaliation/provocation']

Ratio Decidendi

In light of the offender’s exemplary character, lack of prior convictions, genuine provocation, significant personal injuries, disproportionate prosecutorial response compared to the original attackers, and the objective seriousness being at the lowest end for an offence under s 114(1)(a), the purposes of punishment, deterrence, and denunciation are satisfied by a s 10(1)(b) conditional release order of 12 months without conviction.

Court Disposition

Without conviction: conditional release order for 12 months under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW)

Orders

  • ['Without proceeding to any conviction pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the offender is discharged on a conditional release order for a period of 12 months.' 'The offender must not commit any offence and must appear before the Court if called on to do so at any time during...