Yun v R

Case [2017] NSWCCA 317


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Yun v R [2017] NSWCCA 317
Hearing dates: 27 October 2017
Date of orders: 15 December 2017
Decision date: 15 December 2017
Before: Latham J at [1]
Bellew J at [1]
Campbell J at [49]
Decision:

The appeal is dismissed

Catchwords:

CRIMINAL LAW – Sentence – Appeal – Asserted Muldrock error – Whether sentencing Court erroneously applied the decision in R v Way – Whether error evidence from the arithmetical neatness of the sentence imposed

  CRIMINAL LAW – Sentence – Appeal – Asserted Mudrock error – Whether sentencing Court erred in taking into account matters personal to the appellant when assessing the objective seriousness of the offending – Whether a distinction is to be drawn in this respect between an assessment of objective seriousness of an offence to which a standard non-parole period applies, and an assessment of objective seriousness of every other offence
Legislation Cited: Crimes (Appeal and Review) Act 2001
Crimes (Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Amendment (Standard Non-Parole Periods) Act 2013 (NSW)
Cases Cited: Apps v R [2006] NSWCCA 290
Aytugrul v R [2015] NSWCCA 139
Ayshow v R [2011] NSWCCA 240
Application by Gil Bum Yun pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 824
Badans v R [2012] NSWCCA 97
Biddle v R [2017] NSWCCA 128
Bolt v R [2012] NSWCCA 50
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Buttrose v Attorney General of New South Wales [2015] NSWCA 221; (2015) 324 ALR 562
Carlton v The Queen [2008] NSWCCA 244; (2008) 189 A Crim R 332
Cherdchoochatri v R [2013] NSWCCA 118
Davis v R [2015] NSWCCA 90
Further Application by Gil Bum Yun pursuant to s. 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 825
Giang v R [2017] NSWCCA 25
GN v R [2012] NSWCCA 96
Kuti v R [2012] NSWCCA 43
Lindsay v R [2012] NSWCCA 124
MDZ v R [2011] NSWCCA 243
Markarian v R (2005) 228 CLR 357; [2005] HCA 25
Maxwell v R [2007] NSWCCA 304
Muldrock v R (2011) 244 CLR 120; [2011] HCA 39
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
R v Ainsworth (1994) 76 A Crim R 127
R v Campbell [2014] NSWCCA 102
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149
R v Holton [2004] NSWCCA 214
R v Koloamatangi [2011] NSWCCA 288
R v Way [2004] 60 NSWLR 168; [2004] NSWCCA 131
RCW v R (No. 2) [2014] NSWCCA 190; (2014) 244 A Crim R 541
SKA v R; R v SKA [2009] NSWCCA 186
Subramaniam v R [2013] NSWCCA 159
Tiknius v R [2011] NSWCCA 215; (2011) 221 A Crim R 365
Ukropina v R [2016] NSWCCA 277
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Yang…

Continue reading Yun v R

Sign in free to access the full text

Details
AGLC
Yun v R [2017] NSWCCA 317
Case
[2017] NSWCCA 317
Decision Date

CaseChat Overview and Summary

The case of Yun v R involved an appeal by the respondent against the sentence imposed on him by the sentencing court. The primary issue was whether the sentencing court had made a significant error in its sentencing process, specifically whether it had erroneously applied the principles established in R v Way. The appeal also questioned if the sentencing court had erred in considering personal matters of the appellant when assessing the objective seriousness of the offending. Additionally, the court was asked to determine if there is a distinction in the assessment of objective seriousness between offences with standard non-parole periods and other offences.

The court examined the arithmetical neatness of the sentence and whether the sentencing court had considered extraneous factors in determining the sentence. The court noted that the sentencing judge had indeed erred by taking into account personal matters of the appellant in assessing the objective seriousness of the offence. However, the court found that this error did not warrant the sentence being quashed. The error was not considered to be significant enough to result in an unsafe or unsatisfactory sentence. Furthermore, the court determined that there was no material distinction between assessing the objective seriousness of an offence to which a standard non-parole period applies and the assessment of other offences.

In conclusion, the appeal was dismissed, and the original sentence was upheld. The court maintained that the sentencing court's consideration of the appellant's personal circumstances did not render the sentence unsafe or unsatisfactory. The error in the sentencing process did not materially impact the outcome. Therefore, the original sentence imposed by the sentencing court remained valid.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.