REGINA v Duong Hoang LUU [2003] NSWCCA 39

REGINA v Duong Hoang LUU [2003] NSWCCA 39

The sentencing judge made findings consistent with the jury verdict, did not proceed on the basis that the applicant personally carried a weapon or caused physical injury, and was not required to adjourn for a pre-sentence report where a psychological report and references addressed the relevant material and full-time custody was inevitable. Although the sentence was at the top of the scale, it was open to impose a sentence above the Henry guideline range because the offence was objectively serious, committed by a group while the applicant was on bail for similar offences, involved threats, attracted no guilty plea discount, required deterrence, and included consideration of the Form 1...

Jurisdiction
Australia
Judgment Date
26 February 2003
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['robbery While Armed With an Offensive Weapon' 'manifestly Excessive Sentence' 'pre Sentence Report' 'form 1 Offence' 'guideline Judgment' 'general Deterrence' 'personal Deterrence' 'offence Committed While on Bail']
['criminal Law' 'sentencing'] ['robbery While Armed With an Offensive Weapon' 'manifestly Excessive Sentence' 'pre Sentence Report' 'form 1 Offence' 'guideline Judgment' 'general Deterrence' 'personal Deterrence' 'offence Committed While on Bail']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence of eight years imprisonment with a non-parole period of five years for robbery while armed with an offensive weapon was manifestly excessive.' 'Whether the sentencing judge wrongly assessed evidence concerning the use of an offensive weapon.' 'Whether the sentencing discretion miscarried because the judge did not adjourn the sentence proceedings to obtain a pre-sentence report.' 'Whether the sentence was appropriately above the range identified in R v Henry because the applicant committed the offence while on bail, had relevant prior convictions, did not plead guilty, and the offence involved threats after the robbery.']

Ratio Decidendi

The sentencing judge made findings consistent with the jury verdict, did not proceed on the basis that the applicant personally carried a weapon or caused physical injury, and was not required to adjourn for a pre-sentence report where a psychological report and references addressed the relevant material and full-time custody was inevitable. Although the sentence was at the top of the scale, it was open to impose a sentence above the Henry guideline range because the offence was objectively serious, committed by a group while the applicant was on bail for similar offences, involved threats, attracted no guilty plea discount, required deterrence, and included consideration of the Form 1...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'Appeal be dismissed.']