You, Jae Bok v R [2020] NSWCCA 71

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: You, Jae Bok v R [2020] NSWCCA 71 Hearing dates: 20 March 2020 Date of orders: 15 April 2020 Decision date: 15 April 2020 Before: Basten JA at [1]; Rothman J at [24]; Cavanagh J at [33] Decision: (1) Grant leave to the applicant to appeal from the sentences imposed on him in the District Court on 14 June 2019. (2) With respect to the sentence for the offence under s 53 of the Crimes Act of driving furiously causing bodily harm, delete from the record the statement: "The offender is to be released to parole on 13 January 2020." (3) Otherwise dismiss the appeal. Catchwords: CRIME — appeals — appeal against sentence — dangerous driving occasioning death — whether sentencing judge erred in application of the guideline judgment — R v Whyte — use of remarks made in course of hearing to attempt to establish error — Crimes Act 1900 (NSW), s 52A

CRIME — appeals — appeal against sentence — manifest excess — whether sentencing judge failed to have regard to applicant's subjective circumstances

CRIME — appeals — appeal against sentence — principle in R v De Simoni — Crimes Act 1900 (NSW), s 52A

CRIME — appeals — appeal against sentence — clerical error in record of sentence entered for offence under Crimes Act 1900 (NSW), s 53 — record corrected Legislation Cited: Crimes Act 1900 (NSW), ss 52A, 53 Crimes (Administration of Sentences) Act 1999 (NSW), ss 126, 158; Div 2 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 42A, 50 Parole Legislation Amendment Act 2017 (NSW), Sch 3.2[1] Cases Cited: Aitken v R [2014] NSWCCA 201 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Hughes v R [2018] NSWCCA 2 Hughes v The Queen [2008] NSWCCA 48; 185 A Crim R 155 Legge v R [2007] NSWCCA 244 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v Karacic [2001] NSWCCA 12; 121 A Crim R 7 R v Kennedy [2000] NSWCCA 527 R v Nguyen [2008] NSWCCA 113 R v Pham (2015) 256 CLR 550; [2015] HCA 39 R v Van Hong Pham [2005] NSWCCA 94 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Woodward v R [2014] NSWCCA 205 Category: Principal judgment Parties: Jae Bok You (Applicant) Regina (Respondent) Representation: Counsel: J Stratton SC with J Park (Applicant) D Patch (Respondent)