James KANG and Chi Yeong YUN v Regina [2006] NSWCCA 187

James KANG and Chi Yeong YUN v Regina [2006] NSWCCA 187

The sentences imposed on the applicants were within the proper exercise of the sentencing discretion given the objective gravity of the offences. The judge adequately considered the applicants' pleas of guilty, remorse, and subjective circumstances. For Yun, an adjustment was necessary to account for pre-sentence custody not previously credited.

Jurisdiction
Australia
Judgment Date
16 June 2006
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Applicant Kang: Leave to appeal granted; appeal dismissed. Applicant Yun: Leave to appeal granted; appeal allowed with sentence varied.
Legal Topics
['sentencing' 'assault Occasioning Actual Bodily Harm' 'malicious Damage to Property' 'general Deterrence' 'cultural Factors in Offending' 'manifest Excess']
['criminal Law'] ['sentencing' 'assault Occasioning Actual Bodily Harm' 'malicious Damage to Property' 'general Deterrence' 'cultural Factors in Offending' 'manifest Excess']

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to give sufficient weight to pleas of guilty and contrition.' 'Whether proper weight was given to good character and subjective features.' 'Whether pre-sentence custody was properly accounted for regarding general and specific deterrence.' 'Whether there was error in assessing the likelihood of re-offending.' 'Whether sentence imposed showed disparity compared to a co-offender.' 'Whether sentences were manifestly excessive or outside the appropriate range.']

Ratio Decidendi

The sentences imposed on the applicants were within the proper exercise of the sentencing discretion given the objective gravity of the offences. The judge adequately considered the applicants' pleas of guilty, remorse, and subjective circumstances. For Yun, an adjustment was necessary to account for pre-sentence custody not previously credited.

Court Disposition

Applicant Kang: Leave to appeal granted; appeal dismissed. Applicant Yun: Leave to appeal granted; appeal allowed with sentence varied.

Orders

  • ['With respect to the applicant Kang, leave to appeal is granted but the appeal is dismissed.' 'With respect to the applicant Yun, leave to appeal is granted, the appeal is allowed. The sentence imposed on 26 August 2005 is quashed. The applicant is sentenced to 12 months imprisonment, to date from 18 June 2005,...