Huynh v R [2008] NSWCCA 216

Huynh v R [2008] NSWCCA 216

No error was demonstrated in the sentencing approach; the court found that the sentencing judge appropriately considered principles of concurrency, accumulation, and totality, and imposed a sentence within the proper range. Even if error with respect to 'special circumstances' was established, no lesser sentence would be warranted given the seriousness and circumstances of the offences.

Parties
Applicant: Huy Bao Huynh; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 September 2008
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Decision
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentencing, Proceeds of Crime, Supply of Prohibited Drug, Special Circumstances, Totality Principle
Criminal Law Sentencing Proceeds of Crime Supply of Prohibited Drug Special Circumstances Totality Principle

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Parties

Huy Bao Huynh

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Decision

Legal Issues

  1. 1 Whether sentencing judge erred by not reflecting finding of special circumstances in all sentences
  2. 2 Whether total sentence imposed was manifestly excessive
  3. 3 Proper application of concurrency, accumulation and totality principles in sentencing

Ratio Decidendi

No error was demonstrated in the sentencing approach; the court found that the sentencing judge appropriately considered principles of concurrency, accumulation, and totality, and imposed a sentence within the proper range. Even if error with respect to 'special circumstances' was established, no lesser sentence would be warranted given the seriousness and circumstances of the offences.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Leave to appeal against sentence is granted.
  • Appeal is dismissed.