R v Vo [2003] NSWCCA 124

R v Vo [2003] NSWCCA 124

Leave to appeal granted but appeal dismissed as no error in the sentencing decision was demonstrated. The sentences were not manifestly excessive in light of the applicant's breach of recognisance, multiple counts committed over a short period, and the need for general and personal deterrence. The sentencing judge was entitled to impose the sentences as he did, including the fifteen percent discount for plea of guilty.

Parties
Applicant: An Binh Vo; Respondent: Crown
Jurisdiction
Australia
Judgment Date
02 May 2003
Procedural Posture
Criminal Appeal / Leave to Appeal Against Severity of Sentence, Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Severity of Sentence, Drug Offences, Discount for Plea of Guilty, Manifestly Excessive Sentence, Deterrence
Criminal Law Severity of Sentence Drug Offences Discount for Plea of Guilty Manifestly Excessive Sentence Deterrence

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Parties

An Binh Vo

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Severity of Sentence, Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the sentencing judge erred in not considering the offences could have been dealt with summarily
  3. 3 Whether the sentence for Count One was disproportionately higher than the other counts given objective seriousness

Ratio Decidendi

Leave to appeal granted but appeal dismissed as no error in the sentencing decision was demonstrated. The sentences were not manifestly excessive in light of the applicant's breach of recognisance, multiple counts committed over a short period, and the need for general and personal deterrence. The sentencing judge was entitled to impose the sentences as he did, including the fifteen percent discount for plea of guilty.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.