R v JNN [2004] NSWCCA 426

R v JNN [2004] NSWCCA 426

Grounds alleging excessive weight to general deterrence and manifest excess were rejected because, on the whole of the reasons and the sentence imposed, the judge took account of the applicant's youth, rehabilitation prospects and subjective case, and the sentence was not manifestly excessive for the grave criminality involved. However, the applicant had a justifiable sense of grievance because the sentence lacked due proportion with co-offender Toan La's sentence, particularly given her plea, remorse and juvenile status and the effective custodial period Toan La would serve for the same offence. The sentence was therefore quashed and reduced to imprisonment for 3 years with a non-parole...

Jurisdiction
Australia
Judgment Date
30 November 2004
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence quashed; substituted sentence imposed.
Legal Topics
['detaining Without Consent With Intent to Obtain Advantage in Circumstances of Special Aggravation' 'juvenile Offender Sentencing' 'general Deterrence and Rehabilitation' 'manifest Excess' 'parity With Co Offender' 'non Parole Period']
['criminal Law' 'sentencing'] ['detaining Without Consent With Intent to Obtain Advantage in Circumstances of Special Aggravation' 'juvenile Offender Sentencing' 'general Deterrence and Rehabilitation' 'manifest Excess' 'parity With Co Offender' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge placed too much weight on general deterrence and insufficient weight on rehabilitation for a juvenile offender.' 'Whether the overall sentence and non-parole period were manifestly excessive having regard to delay, plea of guilty, contrition, good character, age, subjective circumstances and prospects of rehabilitation.' 'Whether the applicant had a justifiable sense of grievance when her sentence was compared with the sentence imposed on co-offender Toan La.']

Ratio Decidendi

Grounds alleging excessive weight to general deterrence and manifest excess were rejected because, on the whole of the reasons and the sentence imposed, the judge took account of the applicant's youth, rehabilitation prospects and subjective case, and the sentence was not manifestly excessive for the grave criminality involved. However, the applicant had a justifiable sense of grievance because the sentence lacked due proportion with co-offender Toan La's sentence, particularly given her plea, remorse and juvenile status and the effective custodial period Toan La would serve for the same offence. The sentence was therefore quashed and reduced to imprisonment for 3 years with a non-parole...

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence quashed; substituted sentence imposed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal allowed, sentence quashed.' 'In lieu of the sentence imposed the applicant is sentenced to imprisonment for 3 years commencing on 20 February 2004 with a non-parole period of 18 months starting that day and expiring on 19 August 2005 on which day the applicant is...