REGINA v BAE [1999] NSWCCA 290

REGINA v BAE [1999] NSWCCA 290

The applicant's participation in the offence was greater than that of the co-offender, justifying a heavier sentence, and no error of sentencing principle or excess has been shown; the sentence was within the discretion of the trial judge.

Parties
Respondent: The Crown; Applicant: Shang Hyun Bae
Jurisdiction
Australia
Judgment Date
17 September 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed; leave to appeal granted but refused.
Legal Topics
Sentence, Maliciously Inflicting Grievous Bodily Harm, Parity, Worst Type of Case
Criminal Law Sentence Maliciously Inflicting Grievous Bodily Harm Parity Worst Type of Case

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Crown

Respondent

Shang Hyun Bae

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge misdirected himself as to the applicant's criminality in light of the jury's verdict
  2. 2 Whether parity principles were misapplied in sentencing the applicant more severely than a co-offender
  3. 3 Whether the sentence imposed was excessive given the statutory maximum and subjective considerations

Ratio Decidendi

The applicant's participation in the offence was greater than that of the co-offender, justifying a heavier sentence, and no error of sentencing principle or excess has been shown; the sentence was within the discretion of the trial judge.

Court Disposition

Appeal dismissed; leave to appeal granted but refused.