R v Keong

In the Supreme Court of New South Wales, the applicant, Keong, appealed against his sentence for one count of aggravated unlawful stalking and one count of common assault. Keong had pleaded guilty to both offences, and was sentenced to two years imprisonment for the aggravated unlawful stalking and 12 months imprisonment for the common assault, to be served concurrently. The appeal was brought on the grounds that the sentence was manifestly excessive, particularly in light of Keong's plea of guilty, his intellectual disability, and the unlikelihood of him being granted parole on the proposed date.

The court considered the principles of sentencing, particularly whether the sentence imposed was manifestly excessive. The court noted that while Keong's plea of guilty and his intellectual disability were factors that could be taken into account, they did not necessarily mean that the sentence should be reduced. The court also considered the severity of the offences, the need for deterrence, and the protection of the community. In relation to parole, the court noted that the likelihood of Keong being granted parole was not a factor that could be taken into account in determining the length of the sentence.

The court found that while the sentence was severe, it was not manifestly excessive. However, the court was satisfied that the sentence for the aggravated unlawful stalking was too high, and reduced it from two years to 18 months imprisonment. The court also reduced the sentence for the common assault from 12 months to six months imprisonment. The court otherwise upheld the orders of the District Court.

The court's orders were that the sentence of two years imprisonment on the count of aggravated unlawful stalking be set aside and substituted with a sentence of 18 months imprisonment. The sentence of 12 months imprisonment on the count of common assault was also set aside and substituted with a sentence of six months imprisonment. The court otherwise upheld the orders of the District Court.