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People v. Leung4/9/1992
nd (2) multiple offenses being committed against multiple individuals. If multiple offenses against multiple individuals is "distinctively worse" than multiple offenses against a single individual, the existence of multiple victims is a circumstance which justifies the imposition of consecutive terms.
We believe that multiple offenses committed against multiple individuals are distinctively worse than multiple offenses committed against a single individual. Offenses against persons, such as robberies or rapes, are crimes which, by their nature, are significantly more serious when they are committed against more than one person. The total impact of singular offenses against different victims will generally exceed the total impact on a single individual who is victimized multiple times. Furthermore, the culpability of the defendant who victimizes multiple individuals is greater than the culpability of a defendant who victimizes a single individual.
With respect to multiple sex offenses, the Legislature has statutorily recognized that multiple sex offenses committed on separate victims (or on the same victim on separate occasions) are distinctively worse than multiple offenses committed on a single victim on a single occasion. (Pen. Code,
§ 667.6.) The Legislature has therefore mandated full term consecutive sentences for multiple sex offenses on multiple victims but has made such sentences discretionary where the multiple offenses were committed on a single victim on a single occasion. (Pen. Code, § 667.6.) The Legislature's view, expressed in Penal Code section 667.6, that multiple offenses committed on multiple victims should receive more severe punishment than multiple offenses committed on one victim acknowledges that the more severely punished group of offenses are "distinctively worse" than the less severely punished group of offenses.
While Penal Code section 667.6 is a special sentencing scheme applicable exclusively to sex offenses, the rationale upon which it is based is that a punitive distinction should be drawn between multiple offenses against multiple individuals and multiple offenses against a single individual. We find support therein for our Conclusion that the existence of multiple victims of a group of crimes against individual persons is a factor which makes the group of offenses distinctively worse and therefore justifies the imposition of consecutive terms. Hence the existence of multiple victims of the group of crimes at issue in this case justified imposing consecutive terms.
3. Michael Chan
Defendant Chan asserts that the trial court erred in (1) denying probation and imposing the middle term for the principal offense and (2) imposing consecutive terms for the subordinate offenses.
a. Sentencing Proceedings
"I'm going to deny probation in this matter. The nature and seriousness and circumstances of the crime, the defendant's absolute lack of remorse of any kind, his unwillingness to accept responsibility for conduct which has been overwhelmingly, in the court's mind, established. I find that the planning, sophistication, premeditation involved in this crime mandates that he not be given probation. As to the seriousness of the offense, I do not believe he would be a good risk for probation. I believe he's a danger to the community as a result of his readiness to become involved in crimes such as this. In view of the defendant's age I am going to select the midterm in this case as well as the fact that he was not as m
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