Funaki v R [2021] NSWCCA 165

Funaki v R [2021] NSWCCA 165

The sentence was not manifestly excessive because the objective seriousness of the offending, involving a joint criminal enterprise in a gang-related invasion of a birthday party in which three victims suffered stab wounds, justified full-time custody despite the applicant's limited role and favourable personal circumstances. The sentencing judge took those favourable matters into account, the aggregate sentence reflected a high degree of concurrency, and no relevant error or sentence outside the available range was shown.

Jurisdiction
Australia
Judgment Date
19 July 2021
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal From Sentence Imposed in the District Court on 20 November 2020
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['reckless Wounding Whilst in Company' 'joint Criminal Enterprise' 'manifest Excess' 'objective Seriousness' 'intensive Correction Order' 'general Deterrence']
['criminal Law' 'sentencing'] ['reckless Wounding Whilst in Company' 'joint Criminal Enterprise' 'manifest Excess' 'objective Seriousness' 'intensive Correction Order' 'general Deterrence']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal From Sentence Imposed in the District Court on 20 November 2020

Legal Issues

  1. 1 ['Whether the aggregate sentence of 3 years and 6 months imprisonment with a non-parole period of 2 years and 4 months for three offences of reckless wounding whilst in company was manifestly excessive.' "Whether the sentencing judge adequately reflected the applicant's limited role, absence of a weapon, favourable personal circumstances, remorse, rehabilitation prospects and low risk of reoffending." "Whether the applicant's suitability for an intensive correction order or community service affected the sentence imposed."]

Ratio Decidendi

The sentence was not manifestly excessive because the objective seriousness of the offending, involving a joint criminal enterprise in a gang-related invasion of a birthday party in which three victims suffered stab wounds, justified full-time custody despite the applicant's limited role and favourable personal circumstances. The sentencing judge took those favourable matters into account, the aggregate sentence reflected a high degree of concurrency, and no relevant error or sentence outside the available range was shown.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal from the sentence imposed on him in the District Court on 20 November 2020.' 'Dismiss the appeal.']