Regina v GOH [2002] NSWCCA 234

Regina v GOH [2002] NSWCCA 234

The sentencing judge did not err in exercising his discretion under s10 to dismiss the affray charge without recording a conviction, having made appropriate findings of fact based on the evidence and considering all material circumstances under s10(3). There was no manifest inadequacy in the order.

Jurisdiction
Australia
Judgment Date
14 June 2002
Procedural Posture
Crown Appeal (criminal) / Appeal From District Court Sentencing
Outcome
Crown appeal dismissed
Legal Topics
['crown Appeal' 'affray' 'sentencing Discretion' 'dismissal Without Conviction']
['criminal Law'] ['crown Appeal' 'affray' 'sentencing Discretion' 'dismissal Without Conviction']

Case Brief

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Procedural Posture

Crown Appeal (criminal) / Appeal From District Court Sentencing

Legal Issues

  1. 1 ['Whether the sentencing judge erred in exercising discretion under s10 of the Crimes (Sentencing Procedure) Act, 1999 to dismiss a charge of affray without conviction' 'Whether the sentence was manifestly inadequate']

Ratio Decidendi

The sentencing judge did not err in exercising his discretion under s10 to dismiss the affray charge without recording a conviction, having made appropriate findings of fact based on the evidence and considering all material circumstances under s10(3). There was no manifest inadequacy in the order.

Court Disposition

Crown appeal dismissed

Orders

  • ['Appeal dismissed']