Police V Le [2008] NSWLC 18

Police V Le [2008] NSWLC 18

Due to aggravating factors of violence and weapon use, and after considering mitigating circumstances including remorse and guilty plea, full-time imprisonment is appropriate to meet community expectations of deterrence. Separate sentences are imposed for malicious wounding and assault occasioning actual bodily harm, with the latter to be served concurrently.

Jurisdiction
Australia
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to full-time imprisonment with parole eligibility
Legal Topics
['malicious Wounding' 'assault Occasioning Actual Bodily Harm' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty' 'remorse']
['criminal Law'] ['malicious Wounding' 'assault Occasioning Actual Bodily Harm' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty' 'remorse']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for malicious wounding and assault occasioning actual bodily harm' 'Consideration of aggravating and mitigating factors under Section 21A of the Crimes (Sentencing Procedure) Act 1999' 'Applicability of utilitarian value of guilty plea']

Ratio Decidendi

Due to aggravating factors of violence and weapon use, and after considering mitigating circumstances including remorse and guilty plea, full-time imprisonment is appropriate to meet community expectations of deterrence. Separate sentences are imposed for malicious wounding and assault occasioning actual bodily harm, with the latter to be served concurrently.

Court Disposition

offender sentenced to full-time imprisonment with parole eligibility

Orders

  • ['Imprisonment for malicious wounding for 44 weeks (11 months) minimum term, with an additional 22 weeks (5 months 2 weeks) on parole.' 'Imprisonment for assault occasioning actual bodily harm for 9 months and 2 weeks, to be served concurrently with the sentence for malicious wounding.' 'Parole subject to...