Bui v R [2008] NSWCCA 343

Bui v R [2008] NSWCCA 343

The sentencing judge did not err in quantifying the combined discount for guilty plea and assistance; the instinctive synthesis approach was adhered to and all relevant considerations were taken into account. The formulated discounts and imposed sentences for both Commonwealth and State offences were within the acceptable range and were not manifestly excessive, particularly in light of the applicant's role, the aggravating circumstance of offending while on bail, and considerations of parity.

Jurisdiction
Australia
Judgment Date
24 October 2008
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'discount for Guilty Plea' 'discount for Assistance' 'instinctive Synthesis' 'manifest Excessiveness' 'parity in Sentencing']
['criminal Law'] ['sentencing' 'discount for Guilty Plea' 'discount for Assistance' 'instinctive Synthesis' 'manifest Excessiveness' 'parity in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by quantifying the discount afforded for guilty plea and assistance separate to other sentencing considerations' 'Whether the sentencing judge deviated from the instinctive synthesis approach mandated by Markarian v R' "Whether the formulated discount was appropriate given the applicant's level of assistance" 'Whether the sentence for the State offence was manifestly excessive' 'Whether the sentence for the Commonwealth offence was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in quantifying the combined discount for guilty plea and assistance; the instinctive synthesis approach was adhered to and all relevant considerations were taken into account. The formulated discounts and imposed sentences for both Commonwealth and State offences were within the acceptable range and were not manifestly excessive, particularly in light of the applicant's role, the aggravating circumstance of offending while on bail, and considerations of parity.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']