Cao v R; McGregor-Macdonald v R [2020] NSWCCA 223

Cao v R; McGregor-Macdonald v R [2020] NSWCCA 223

The sentencing judge's reference to the more serious offence was a slip and did not result in sentencing for the wrong offence. The injuries considered in sentencing were associated with wounding and not impermissible. Parity was lacking: Mr Cao received an aggregate sentence not appropriately reflecting his lesser...

Source-derived case information.

Parties
Applicant: Richard Minh Huy Cao; Respondent: Regina; Applicant: Dylan McGregor-Macdonald
Jurisdiction
Australia
Judgment Date
02 September 2020
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
Appeal allowed for Cao; appeal dismissed for McGregor-Macdonald.
Legal Topics
Sentencing, Appeal Against Sentence, Parity, Mistaken Identification of Offence, Reckless Wounding in Company, Aggravating Factors
Criminal Law Sentencing Appeal Against Sentence Parity Mistaken Identification of Offence Reckless Wounding in Company Aggravating Factors

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Parties

Richard Minh Huy Cao

Applicant

Regina

Respondent

Dylan McGregor-Macdonald

Applicant

Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether sentencing judge mistakenly sentenced applicants for a more serious offence than charged
  2. 2 Whether judge impermissibly took account of injuries amounting to grievous bodily harm
  3. 3 Parity between co-offenders' sentences

Ratio Decidendi

The sentencing judge's reference to the more serious offence was a slip and did not result in sentencing for the wrong offence. The injuries considered in sentencing were associated with wounding and not impermissible. Parity was lacking: Mr Cao received an aggregate sentence not appropriately reflecting his lesser role, warranting a reduction.

Court Disposition

Appeal allowed for Cao; appeal dismissed for McGregor-Macdonald.

Orders

  • Grant leave to appeal in both proceedings.
  • Allow the appeal for Cao.