R v KIM [2000] NSWCCA 489

R v KIM [2000] NSWCCA 489

The custodial sentences were within the proper range of the sentencing judge's discretion given the seriousness of the offences and the applicant's substantial role in planning and execution. The sentences imposed on the younger co-offenders did not create a legitimate sense of grievance because they were dealt with under the Children's Court regime and were significantly younger. However, the deportation recommendation was inappropriate and had to be quashed because the applicant was not given proper notice or a proper opportunity to respond to a weighty issue with potential consequences for him and his family.

Jurisdiction
Australia
Judgment Date
24 November 2000
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed; recommendation for deportation quashed.
Legal Topics
['robbery in Company' 'robbery in Company With Deprivation of Liberty' 'sentencing Discretion' 'parity and Disparity With Co Offenders' "children's Court Sentencing Regime" 'recommendation for Deportation' 'natural Justice']
['criminal Law' 'sentencing' 'criminal Procedure'] ['robbery in Company' 'robbery in Company With Deprivation of Liberty' 'sentencing Discretion' 'parity and Disparity With Co Offenders' "children's Court Sentencing Regime" 'recommendation for Deportation' 'natural Justice']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentences imposed were so long as to demonstrate error.' "Whether the applicant had a justifiable sense of grievance by comparison with the sentences imposed on younger co-offenders dealt with in the Children's Court." "Whether the sentencing judge's recommendation for deportation should be quashed because the applicant was not given proper notice or opportunity to respond."]

Ratio Decidendi

The custodial sentences were within the proper range of the sentencing judge's discretion given the seriousness of the offences and the applicant's substantial role in planning and execution. The sentences imposed on the younger co-offenders did not create a legitimate sense of grievance because they were dealt with under the Children's Court regime and were significantly younger. However, the deportation recommendation was inappropriate and had to be quashed because the applicant was not given proper notice or a proper opportunity to respond to a weighty issue with potential consequences for him and his family.

Court Disposition

Leave to appeal granted; appeal dismissed; recommendation for deportation quashed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.' 'Recommendation for deportation of the applicant quashed.']