R v Dang [2003] NSWCCA 338

R v Dang [2003] NSWCCA 338

The sentencing judge exercised proper discretion and provided sufficient reasons. The sentence fell within the appropriate range even with the plea of guilty and other mitigating factors. No error or manifest excess was found.

Jurisdiction
Australia
Judgment Date
20 November 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Determination of Appeal
Outcome
Leave to appeal against the sentence is granted. The appeal is dismissed.
Legal Topics
['sentencing' 'armed Robbery']
['criminal Law'] ['sentencing' 'armed Robbery']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Determination of Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the application of guideline judgments by failing to adequately discount for the plea of guilty' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge exercised proper discretion and provided sufficient reasons. The sentence fell within the appropriate range even with the plea of guilty and other mitigating factors. No error or manifest excess was found.

Court Disposition

Leave to appeal against the sentence is granted. The appeal is dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal against sentence is dismissed.']