Kim v R [2018] NSWCCA 254

Kim v R [2018] NSWCCA 254

Leave to appeal was refused because no House v The King error was shown: the sentencing judge expressly considered and gave favourable weight to Mr Kim's remorse, rehabilitation, prospects of rehabilitation and the presentence and psychiatric material, and the sentence for aggravated robbery involving violence against a stranger near public transport was not shown to be unreasonable, plainly unjust or outside the available range.

Jurisdiction
Australia
Judgment Date
09 November 2018
Procedural Posture
Application for Leave to Appeal Against Sentence and for Leave to Bring the Application Out of Time / Court of Criminal Appeal From Sentence Imposed in the District Court of NSW
Outcome
Leave to bring the application out of time granted; leave to appeal refused.
Legal Topics
['aggravated Robbery' 'leave to Appeal Against Sentence' 'leave to Bring Application Out of Time' 'manifest Excess' 'remorse and Rehabilitation' 'presentence Report and Psychiatric Report']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Robbery' 'leave to Appeal Against Sentence' 'leave to Bring Application Out of Time' 'manifest Excess' 'remorse and Rehabilitation' 'presentence Report and Psychiatric Report']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence and for Leave to Bring the Application Out of Time / Court of Criminal Appeal From Sentence Imposed in the District Court of NSW

Legal Issues

  1. 1 ['Whether leave should be granted to bring the application out of time.' 'Whether the sentencing judge failed to properly take into account evidence of rehabilitation, true remorse, prospects of rehabilitation, and the assessments in the presentence report and psychiatrist report.' 'Whether the sentence imposed for aggravated robbery was manifestly excessive.']

Ratio Decidendi

Leave to appeal was refused because no House v The King error was shown: the sentencing judge expressly considered and gave favourable weight to Mr Kim's remorse, rehabilitation, prospects of rehabilitation and the presentence and psychiatric material, and the sentence for aggravated robbery involving violence against a stranger near public transport was not shown to be unreasonable, plainly unjust or outside the available range.

Court Disposition

Leave to bring the application out of time granted; leave to appeal refused.

Orders

  • ['Grant leave to bring the application out of time.' 'Refuse leave to appeal.']