Kim v R [2019] NSWCCA 165

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kim v R [2019] NSWCCA 165 Hearing dates: 6 February 2019 Date of orders: 24 July 2019 Decision date: 24 July 2019 Before: Payne JA at [1] Button J at [3] Lonergan J [4] Decision: (a) Leave to appeal against sentence is granted. (b) Appeal allowed. (c) Set aside the sentence imposed by the District Court on 13 October 2017 and in place thereof impose: (i) a non-parole period of 3 years to date from 3 December 2017 to expire on 2 December 2020. (ii) a balance term of 2 years to expire on 2 December 2022. (iii) the applicant will be eligible for release on parole on 2 December 2020. Catchwords: CRIMINAL LAW – appeal – leave to appeal against sentence – whether insufficient disparity – whether disparity evokes justifiable sense of grievance – whether sentence was manifestly excessive – leave to appeal granted – appeal allowed – applicant resentenced Legislation Cited: Crimes Act 1900 (NSW), s 112(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 5 Cases Cited: R v Goundar (2000) 127 A Crim R 33; [2001] NSWCCA 198 Stocco, Gino v R; Stocco, Mark v R [2018] NSWCCA 77 KR v R [2012] NSWCCA 32 R v Hearne [2001] NSWCCA 37 BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 Category: Principal judgment Parties: Gyu Tae Kim (Applicant) Crown (Respondent) Representation: Counsel: S Howell (Applicant) E Balodis (Respondent)