R v KIM [2003] NSWCCA 167

R v KIM [2003] NSWCCA 167

The sentencing judge was justified in the starting point of fifteen years' imprisonment, given the aggravating circumstances, and made an appropriate discount for the plea of guilty and limited cooperation; no error was demonstrated warranting appellate intervention.

Jurisdiction
Australia
Judgment Date
24 June 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Leave Granted; Appeal Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'breaking and Entering' 'armed Robbery']
['criminal Law'] ['sentencing' 'breaking and Entering' 'armed Robbery']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Leave Granted; Appeal Determined

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give appropriate weight to applicant's cooperation and assistance to police" "Whether the starting point of fifteen years' imprisonment was manifestly excessive"]

Ratio Decidendi

The sentencing judge was justified in the starting point of fifteen years' imprisonment, given the aggravating circumstances, and made an appropriate discount for the plea of guilty and limited cooperation; no error was demonstrated warranting appellate intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']