Lu v Regina [2008] NSWCCA 261

Lu v Regina [2008] NSWCCA 261

The sentence imposed for manslaughter was within the appropriate discretionary range considering the seriousness of the offence, Mr Lu's lengthy prior criminal history, poor rehabilitation prospects, and commission of the offence while on conditional liberty. The refusal to partially accumulate the sentence with the earlier drug offence was justified under the principles of totality and did not constitute an error.

Jurisdiction
Australia
Judgment Date
11 November 2008
Procedural Posture
Criminal Appeal / Sentencing Appeal; Judgment on Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['sentencing' 'manslaughter' 'totality Principle' 'concurrent and Consecutive Sentences' 'aggravation and Mitigation' 'exercise of Sentencing Discretion']
['criminal Law'] ['sentencing' 'manslaughter' 'totality Principle' 'concurrent and Consecutive Sentences' 'aggravation and Mitigation' 'exercise of Sentencing Discretion']

Case Brief

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Procedural Posture

Criminal Appeal / Sentencing Appeal; Judgment on Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for manslaughter was manifestly excessive' 'Whether the trial judge erred in refusing to partially accumulate the sentence for manslaughter with an earlier sentence for supply prohibited drug']

Ratio Decidendi

The sentence imposed for manslaughter was within the appropriate discretionary range considering the seriousness of the offence, Mr Lu's lengthy prior criminal history, poor rehabilitation prospects, and commission of the offence while on conditional liberty. The refusal to partially accumulate the sentence with the earlier drug offence was justified under the principles of totality and did not constitute an error.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']