Mun v R [2015] NSWCCA 234

Mun v R [2015] NSWCCA 234

The sentencing judge did not err in finding there was no (relevant) expression of remorse, given the lack of evidence from the applicant and the limitations of untested statements in reports; the stern sentence imposed was not manifestly excessive given the seriousness and planning of the offending and the relevant statutory guideposts.

Parties
Applicant: Steven Mun; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
28 August 2015
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence From District Court to Court of Criminal Appeal
Outcome
Appeal dismissed (leave to appeal granted; appeal against sentence dismissed)
Legal Topics
Sentencing, Appeal Against Sentence, Remorse as a Mitigating Factor, Manifest Excess (sentence)
Criminal Law Sentencing Appeal Against Sentence Remorse as a Mitigating Factor Manifest Excess (sentence)

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Parties

Steven Mun

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence From District Court to Court of Criminal Appeal

Legal Issues

  1. 1 Whether sentencing judge erred in finding no expression of remorse
  2. 2 Appropriate weight given to offender statements in reports where offender does not give evidence
  3. 3 Whether sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge did not err in finding there was no (relevant) expression of remorse, given the lack of evidence from the applicant and the limitations of untested statements in reports; the stern sentence imposed was not manifestly excessive given the seriousness and planning of the offending and the relevant statutory guideposts.

Court Disposition

Appeal dismissed (leave to appeal granted; appeal against sentence dismissed)

Orders

  • The applicant be granted leave to appeal.
  • The appeal be dismissed.