R v Kim [2014] NSWDC 358

R v Kim [2014] NSWDC 358

Dongwook Kim is less morally culpable than his co-accused, had no commercial motive, played a lesser role, demonstrated remorse, and faces potential extra-curial punishment through immigration consequences. These factors merit a lesser penalty than that imposed on the co-accused, but a term of imprisonment is required for the principal offence, suspended due to mitigating circumstances.

Jurisdiction
Australia
Judgment Date
18 March 2014
Procedural Posture
Criminal / Sentence
Outcome
convicted; term of imprisonment of 12 months suspended; good behaviour bond for 2 years
Legal Topics
['criminal Sentencing' 'enter Dwelling With Intent' 'intimidation' 'parity' 'extra Curial Punishment' 'good Behaviour Bond' 'immigration Consequences']
['criminal Law'] ['criminal Sentencing' 'enter Dwelling With Intent' 'intimidation' 'parity' 'extra Curial Punishment' 'good Behaviour Bond' 'immigration Consequences']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentencing for entering dwelling house with intent and intimidation' "Assessment of parity between co-offenders' sentences" 'Consideration of extra-curial punishment (immigration consequences)' 'Mitigating and aggravating factors for sentencing']

Ratio Decidendi

Dongwook Kim is less morally culpable than his co-accused, had no commercial motive, played a lesser role, demonstrated remorse, and faces potential extra-curial punishment through immigration consequences. These factors merit a lesser penalty than that imposed on the co-accused, but a term of imprisonment is required for the principal offence, suspended due to mitigating circumstances.

Court Disposition

convicted; term of imprisonment of 12 months suspended; good behaviour bond for 2 years

Orders

  • ['For the principal offence (enter dwelling house with intent in aggravation): convicted and sentenced to 12 months imprisonment suspended pursuant to s 12 Crimes (Sentencing Procedure) Act 1999, conditions: good behaviour, appear in court if required, advise registry of change of residential address.' 'For...