REGINA v. NGUYEN [2002] NSWCCA 305

REGINA v. NGUYEN [2002] NSWCCA 305

Leave was granted but the appeal was dismissed because the sentencing judge considered the applicant's youth, lack of prior record, remorse, rehabilitation prospects, family support and the influence of Dang, and was entitled to conclude that the seriousness and prevalence of the robberies required a custodial sentence involving deterrence. The failure expressly to refer to non-custodial options was not error once a custodial sentence was found necessary, periodic detention was not available as proposed, and the parity argument with Dang was not made out. The court was not satisfied that some other sentence was warranted in law and should have been passed under s.6(3) of the Criminal...

Jurisdiction
Australia
Judgment Date
30 July 2002
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Sentence in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['robbery in Company' 'robbery While Depriving a Person of Liberty' 'young Offender' 'rehabilitation' 'custodial Sentence' 'specific Deterrence' 'general Deterrence' 'parity With Co Offender' 's.6(3) Criminal Appeal Act 1912']
['criminal Law' 'sentencing' 'criminal Appeals'] ['robbery in Company' 'robbery While Depriving a Person of Liberty' 'young Offender' 'rehabilitation' 'custodial Sentence' 'specific Deterrence' 'general Deterrence' 'parity With Co Offender' 's.6(3) Criminal Appeal Act 1912']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Sentence in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to have regard to non-custodial sentencing options or periodic detention given the applicant's youth, lack of prior record, rehabilitation prospects and family support." 'Whether the sentence imposed gave insufficient regard to the sentence imposed on the co-offender Dang and created a legitimate sense of grievance.' 'Whether, under s.6(3) of the Criminal Appeal Act 1912, some other sentence was warranted in law and should have been passed.']

Ratio Decidendi

Leave was granted but the appeal was dismissed because the sentencing judge considered the applicant's youth, lack of prior record, remorse, rehabilitation prospects, family support and the influence of Dang, and was entitled to conclude that the seriousness and prevalence of the robberies required a custodial sentence involving deterrence. The failure expressly to refer to non-custodial options was not error once a custodial sentence was found necessary, periodic detention was not available as proposed, and the parity argument with Dang was not made out. The court was not satisfied that some other sentence was warranted in law and should have been passed under s.6(3) of the Criminal...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']