R v DO [2005] NSWCCA 183

R v DO [2005] NSWCCA 183

The overall sentence imposed for the offences of malicious infliction of grievous bodily harm and unauthorised use of a firearm was manifestly inadequate, given the objectively serious circumstances of the offending, the risks created, and the seriousness of the conduct, notwithstanding the respondent's personal circumstances and remorse.

Parties
Appellant: Regina; Respondent: Ly Do
Jurisdiction
Australia
Judgment Date
12 May 2005
Procedural Posture
Crown Appeal Against Sentence / Decision on Appeal
Outcome
Crown appeal allowed; sentence for grievous bodily harm quashed and replaced; sentence for firearm offence confirmed.
Legal Topics
Sentencing, Grievous Bodily Harm, Use of Firearm, Crown Appeal, Manifest Inadequacy of Sentence
Criminal Law Sentencing Grievous Bodily Harm Use of Firearm Crown Appeal Manifest Inadequacy of Sentence

Case Brief

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Parties

Regina

Appellant

Ly Do

Respondent

Procedural Posture

Crown Appeal Against Sentence / Decision on Appeal

Legal Issues

  1. 1 Whether the sentence imposed by the District Court was manifestly inadequate
  2. 2 Whether the trial judge erred in finding the offender acted recklessly and not with intent
  3. 3 Whether aggravating features and objective seriousness were adequately addressed

Ratio Decidendi

The overall sentence imposed for the offences of malicious infliction of grievous bodily harm and unauthorised use of a firearm was manifestly inadequate, given the objectively serious circumstances of the offending, the risks created, and the seriousness of the conduct, notwithstanding the respondent's personal circumstances and remorse.

Court Disposition

Crown appeal allowed; sentence for grievous bodily harm quashed and replaced; sentence for firearm offence confirmed.

Orders

  • The Crown Appeal is allowed.
  • The sentence imposed by Judge Tupman in respect of the charge of maliciously inflict grievous bodily harm is quashed.