R v Szeto [1999] NSWCCA 296
By comparison with similar cases and sentencing statistics, the original sentence was well above that which has normally been imposed for offences of this type and quantum. The applicant’s circumstances, though favourable, do not amount to special circumstances under s 5(2), hence only standard parole eligibility applies.
- Parties
- Applicant: Lance William Szeto; Respondent: Regina (NSW)
- Jurisdiction
- Australia
- Judgment Date
- 15 September 1999
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Sentence quashed; applicant resentenced.
- Legal Topics
- Sentencing, Dishonestly Obtaining Goods by Deception, Manifestly Excessive Sentence, Special Circumstances
Case Brief
Summary, issues, holding and outcome
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Parties
Lance William Szeto
Applicant
Regina (NSW)
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether special circumstances exist justifying an extended period of parole
Ratio Decidendi
By comparison with similar cases and sentencing statistics, the original sentence was well above that which has normally been imposed for offences of this type and quantum. The applicant’s circumstances, though favourable, do not amount to special circumstances under s 5(2), hence only standard parole eligibility applies.
Court Disposition
Sentence quashed; applicant resentenced.
Orders
- Applicant sentenced to a minimum term of penal servitude for 2 years and 3 months, commencing 18 June 1998 and expiring 17 September 2000.
- An additional term of 9 months to date from the expiration of the minimum term.
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