NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: James KANG and Chi Yeong YUN v Regina [2006] NSWCCA 187
HEARING DATE(S): 3 May 2006
JUDGMENT DATE: 16 June 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Latham J at 3
DECISION: 1. With respect to the applicant Kang, leave to appeal is granted but the appeal is dismissed; 2. With respect to the applicant Yun, leave to appeal is granted, the appeal is allowed. The sentence imposed on 26 August 2005 is quashed. The applicant is sentenced to 12 months imprisonment, to date from 18 June 2005, expiring 17 June 2006.
CATCHWORDS: Sentence only - Assault occasioning actual bodily harm - importance of general deterrence where offence committed in order to re-inforce cultural mores within discrete community.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Markarian v The Queen [2005] HCA 25 CASES CITED: R v Gallagher (1991) 23 NSWL 220 R v Davis [2004] NSWCCA 310
PARTIES: Applicants - James Kang and Chi Yeong Yun Regina - Crown
FILE NUMBER(S): CCA 806/2006; 809/2006
COUNSEL: Applicants - Ms C Davenport SC Crown - Mr D Arnott SC
SOLICITORS: Applicants - B Bunton Crown - S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0132; 05/11/0026
LOWER COURT JUDICIAL OFFICER: JX Gibson QC ADCJ
LOWER COURT DATE OF DECISION: 26 August 2005
IN THE COURT OF CRIMINAL APPEAL 806/2006 809/2006
McCLELLAN CJ at CL HALL J LATHAM J
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