You, Jae Bok v R

Case [2020] NSWCCA 71


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: You, Jae Bok v R [2020] NSWCCA 71
Hearing dates: 20 March 2020
Date of orders: 15 April 2020
Decision date: 15 April 2020
Before: Basten JA at [1];
Rothman J at [24];
Cavanagh J at [33]
Decision:

(1)   Grant leave to the applicant to appeal from the sentences imposed on him in the District Court on 14 June 2019.
(2) With respect to the sentence for the offence under s 53 of the Crimes Act of driving furiously causing bodily harm, delete from the record the statement:
“The offender is to be released to parole on 13 January 2020.”
(3)   Otherwise dismiss the appeal.

Catchwords:

CRIME — appeals — appeal against sentence — dangerous driving occasioning death — whether sentencing judge erred in application of the guideline judgment — R v Whyte — use of remarks made in course of hearing to attempt to establish error — Crimes Act 1900 (NSW), s 52A

 

CRIME — appeals — appeal against sentence — manifest excess — whether sentencing judge failed to have regard to applicant's subjective circumstances

 

CRIME — appeals — appeal against sentence — principle in R v De Simoni — Crimes Act 1900 (NSW), s 52A

CRIME — appeals — appeal against sentence — clerical error in record of sentence entered for offence under Crimes Act 1900 (NSW), s 53 — record corrected
Legislation Cited: Crimes Act 1900 (NSW), ss 52A, 53
Crimes (Administration of Sentences) Act 1999 (NSW), ss 126, 158; Div 2
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 42A, 50
Parole Legislation Amendment Act 2017 (NSW), Sch 3.2[1]
Cases Cited: Aitken v R [2014] NSWCCA 201
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
Hughes v R [2018] NSWCCA 2
Hughes v The Queen [2008] NSWCCA 48; 185 A Crim R 155
Legge v R [2007] NSWCCA 244
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
R v De Simoni (1981) 147 CLR 383; [1981] HCA 31
R v Karacic [2001] NSWCCA 12; 121 A Crim R 7
R v Kennedy [2000] NSWCCA 527
R v Nguyen [2008] NSWCCA 113
R v Pham (2015) 256 CLR 550; [2015] HCA 39
R v Van Hong Pham [2005] NSWCCA 94
R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64
Woodward v R [2014] NSWCCA 205
Category:Principal judgment
Parties: Jae Bok You (Applicant)
Regina (Respondent)
Representation:

Counsel:
J Stratton SC with J Park (Applicant)
D Patch (Respondent)

  Solicitors:
CSY Legal (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2017/394032
Publication restriction: None
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
14 June 2019
Before:
Turnbull SC DCJ
File Number(s):
2017/394032

Judgment

  1. BASTEN JA:

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AGLC
You, Jae Bok v R [2020] NSWCCA 71
Case
[2020] NSWCCA 71
Decision Date

CaseChat Overview and Summary

In the case of You, Jae Bok v R, the appellant, You Jae Bok, was convicted of dangerous driving occasioning death under section 52A of the Crimes Act 1900 (NSW). The appeal was against the sentence imposed, arguing various grounds of error including the application of guideline judgments and manifest excess. The High Court of Australia was the tribunal hearing the case. The respondent, the Crown, argued in defence of the sentence and sought to maintain it as imposed by the sentencing judge.
The primary legal issue before the court was whether the sentencing judge had erred in applying the guideline judgment from R v Whyte. The appellant also contended that the sentencing judge failed to adequately consider the appellant's subjective circumstances and that the sentence was manifestly excessive. Additionally, the appellant sought correction of a clerical error in the record of the sentence.
The court assessed the arguments, finding that the sentencing judge had not erred in applying the guideline judgment from R v Whyte. The court held that the remarks made during the hearing could not be used to establish error. Regarding the manifest excess argument, the court determined that the sentencing judge had properly considered the appellant's circumstances and that the sentence was not manifestly excessive. Finally, the court found that there was a clerical error in the record of sentence and ordered it to be corrected accordingly. The appeal was dismissed, and the original sentence was upheld with the correction of the clerical error.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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