R v Keong [2001] NSWCCA 416

R v Keong [2001] NSWCCA 416

Leave to appeal was granted, but the appeal was dismissed because the overall sentence of 4 years imprisonment with a non-parole period of 3 years was appropriate for the applicant's total criminality. The Court was not persuaded that the sentencing judge overlooked the guilty pleas, impermissibly took likely deportation into account in a way affecting sentence, erred in finding no special circumstances, or imposed a manifestly excessive sentence.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Determination
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['obtaining a Benefit by Deception' 'using a False Instrument' 'special Circumstances' 'non Parole Period' 'deportation and Sentencing' 'guilty Plea Discount' 'manifest Excess']
['criminal Law' 'sentencing' 'criminal Appeals'] ['obtaining a Benefit by Deception' 'using a False Instrument' 'special Circumstances' 'non Parole Period' 'deportation and Sentencing' 'guilty Plea Discount' 'manifest Excess']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Determination

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the applicant's pleas of guilty." "Whether the sentencing judge took into account the applicant's likely deportation at the conclusion of his sentence." 'Whether the sentencing judge erred in finding no special circumstances.' 'Whether the overall sentence was manifestly excessive.']

Ratio Decidendi

Leave to appeal was granted, but the appeal was dismissed because the overall sentence of 4 years imprisonment with a non-parole period of 3 years was appropriate for the applicant's total criminality. The Court was not persuaded that the sentencing judge overlooked the guilty pleas, impermissibly took likely deportation into account in a way affecting sentence, erred in finding no special circumstances, or imposed a manifestly excessive sentence.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal is granted.' 'The appeal is dismissed.']