NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: OH Hyunwook v R [2010] NSWCCA 148
HEARING DATE(S): 5/7/10
JUDGMENT DATE: 19 July 2010
JUDGMENT OF: Beazley JA at 1; Kirby J at 2; Johnson J at 53
DECISION: 1. Leave to appeal granted. 2. The appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - convicted of reckless wounding - relevance of restitution to remorse - offender living in shared accommodation with victim - stabbing took place within apartment - whether matter of aggravation s 21A(2)(eb) - no reference to standard non parole period or nature of offending in relation to mid range offence - error - whether sentence excessive - s 6(3) Criminal Appeal Act - sustained violence and stabbing - sentence less severe not warranted.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v MAK; R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 Butters v The Queen [2010] NSWCCA 1 Collon v R [2009] NSWCCA 187 CASES CITED : R v McEvoy [2010] NSWCCA 110 Phan v R [2010] NSWCCA 8 Corby v R [2010] NSWCCA 146 R v Knight; R v Biuvanua [2007] NSWCCA 283; (2007) 176 A Crim R 338 R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704
PARTIES: Hyunwook OH (Appl) Regina (Resp/Crown)
FILE NUMBER(S): CCA 2009/73613
COUNSEL: M Thangaraj (Appl) P A Leask (Resp/Crown)
SOLICITORS: Nyman Gibson Stewart (Appl) S Kavanagh (Resp/Crown)
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