R v Dong [2021] NSWCCA 82

R v Dong [2021] NSWCCA 82

The sentencing judge erred by failing to expressly consider the protection of the community from the respondent, particularly in light of his poor rehabilitation prospects and the danger posed. The sentence was also manifestly inadequate considering the seriousness and premeditated nature of the offending, the lack of motive, and the poor subjective case. These errors warranted resentencing.

Parties
Appellant: Regina; Respondent: Shuo Dong
Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence set aside; respondent resentenced to 21 years imprisonment with a non-parole period of 15 years 8 months.
Legal Topics
Sentencing, Crown Appeal Against Inadequacy, Murder, Protection of the Community, Manifest Inadequacy
Criminal Law Sentencing Crown Appeal Against Inadequacy Murder Protection of the Community Manifest Inadequacy

Case Brief

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Parties

Regina

Appellant

Shuo Dong

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to take into account the protection of the community as a purpose of sentencing
  2. 2 Whether the sentence imposed was manifestly inadequate

Ratio Decidendi

The sentencing judge erred by failing to expressly consider the protection of the community from the respondent, particularly in light of his poor rehabilitation prospects and the danger posed. The sentence was also manifestly inadequate considering the seriousness and premeditated nature of the offending, the lack of motive, and the poor subjective case. These errors warranted resentencing.

Court Disposition

Appeal allowed; sentence set aside; respondent resentenced to 21 years imprisonment with a non-parole period of 15 years 8 months.

Orders

  • Appeal allowed
  • Set aside the sentence imposed by Hidden AJ on 18 September 2020 and in lieu thereof sentence the respondent to a term of imprisonment of 21 years commencing on 9 June 2018 and expiring on 8 June 2039 with a non‑parole period of 15 years 8 months and a balance of term of 5 years and 4 months