R v Dinh [2010] NSWCCA 74

Reported Decision: 199 A Crim R 573

New South Wales Court of Criminal Appeal

CITATION: R v Dinh [2010] NSWCCA 74

HEARING DATE(S): 15 December 2009

JUDGMENT DATE: 3 May 2010

JUDGMENT OF: Basten JA at 1; Howie J at 2; Johnson J at 3

1. Leave granted to amend the notice of appeal by adding the grounds set out at [33] of the judgment. DECISION: 2. Crown appeal allowed. 3. Sentence imposed in the Sydney District Court on 27 August 2009 quashed. 4. In its place, and taking into account the offences on the Form 1, the Respondent is sentenced to imprisonment comprising a non-parole period of four years to date from 14 January 2010 and to expire on 13 January 2014 with a balance of term of two years commencing on 14 January 2014 and expiring on 13 January 2016. The earliest date upon which the Respondent will be eligible for release on parole is 13 January 2014.

CATCHWORDS: CRIMINAL LAW - Crown appeal on sentence - offence of applying corrosive fluid with intent to burn under s.47 Crimes Act 1900 - acid attack - offender subject to bond and suspended sentence - objective seriousness of offence - manifestly inadequate sentence - relevance of Crown approach in District Court - whether Court should decline to resentence on discretionary grounds - Court should proceed to resentence offender - accumulation, concurrency and totality as between previously suspended sentence and sentence imposed on Crown appeal

Criminal Appeal Act 1912 Crimes Act 1900 LEGISLATION CITED: Crimes (Life Sentences) Amendment Act 1989 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment