REGINA v. VAN [2002] NSWCCA 148
The applicant's plea of guilty was entered knowingly and voluntarily with adequate legal counsel; no miscarriage of justice occurred, and the sentence was proportionate and appropriately structured given the offences and applicant's circumstances.
- Parties
- Respondent: Regina; Applicant: Narong Van
- Jurisdiction
- Australia
- Judgment Date
- 03 May 2002
- Procedural Posture
- Criminal Appeal / Judgment on Appeal From Conviction and Sentence
- Outcome
- Extension of time and leave to appeal against sentence granted; appeal against conviction and sentence dismissed.
- Legal Topics
- Plea of Guilty, Appeal Against Conviction, Appeal Against Sentence, Miscarriage of Justice, Parity in Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Narong Van
Applicant
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the plea of guilty to the first count should be set aside as a miscarriage of justice due to alleged misunderstanding by the applicant
- 2 Whether the sentence imposed was manifestly excessive, particularly as compared to a co-offender
Ratio Decidendi
The applicant's plea of guilty was entered knowingly and voluntarily with adequate legal counsel; no miscarriage of justice occurred, and the sentence was proportionate and appropriately structured given the offences and applicant's circumstances.
Court Disposition
Extension of time and leave to appeal against sentence granted; appeal against conviction and sentence dismissed.
Orders
- Extension of time to appeal granted
- Leave to appeal against sentence granted
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