Regina v Dang [1999] NSWCCA 42

The court found that neither the Crown had demonstrated that the sentence for manslaughter was manifestly inadequate, nor had the respondent established that appealable error in sentencing entailed a different or lower sentence; both appeals were therefore dismissed and the original sentence stood.

Jurisdiction: Australia
Judgment Date: 02 March 1999
Procedural Posture: Criminal Appeal / Final Judgment
Outcome: Both Crown appeal and respondent's cross-appeal dismissed. Original sentence for manslaughter stands. Leave to appeal granted to respondent but appeal dismissed.
Legal Topics: ['manslaughter' 'sentencing' 'provocation' 'malicious Wounding' 'victim Impact Statements' 'appeal Procedure']

['criminal Law'] ['manslaughter' 'sentencing' 'provocation' 'malicious Wounding' 'victim Impact Statements' 'appeal Procedure']

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Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

1 ['Was the sentence for manslaughter manifestly inadequate?' 'Did the sentencing judge err by taking into account irrelevant material, specifically grief suffered by relatives?' "Should the respondent's cross-appeal for excessive sentence succeed?"]

Ratio Decidendi

Court Disposition

Both Crown appeal and respondent's cross-appeal dismissed. Original sentence for manslaughter stands. Leave to appeal granted to respondent but appeal dismissed.

Orders

['Crown appeal is dismissed.' 'Leave to the respondent is granted to appeal against sentence, but the appeal is dismissed.']