R v Soon [2008] NSWSC 622

R v Soon [2008] NSWSC 622

Although the offender's judgment was substantially impaired by an abnormality of mind and she was entitled to mitigation for her age, prior unblemished record, early plea and lack of future risk, she remained responsible for the deliberate killing by fire of a quadriplegic victim whom she knew could not escape. The killing was planned and motivated by fear of a property settlement claim, and the deceased's conduct did not constitute relevant provocation. A term of 12 years was appropriate before allowing a 25 percent discount for the early guilty plea, producing a sentence of 9 years with special circumstances justifying a non-parole period of 5 years 6 months.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Criminal Sentence for Manslaughter / Sentencing After Plea of Guilty to Manslaughter Accepted in Discharge of Murder Indictment
Outcome
Grace Soon was sentenced for manslaughter to imprisonment for 9 years, with a non-parole period of 5 years 6 months and a balance term of 3 years 6 months.
Legal Topics
['manslaughter' 'substantial Impairment by Abnormality of Mind' 'objective Seriousness' 'mitigating Factors' 'non Parole Period']
['criminal Law and Procedure' 'sentencing'] ['manslaughter' 'substantial Impairment by Abnormality of Mind' 'objective Seriousness' 'mitigating Factors' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Manslaughter / Sentencing After Plea of Guilty to Manslaughter Accepted in Discharge of Murder Indictment

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's manslaughter of Stephen Chin after the Crown accepted a plea based on substantial impairment by abnormality of mind." "The extent to which the offender's abnormality of mind, age, prior record, early plea, lack of future risk, and other subjective matters should mitigate sentence." "Whether the deceased's past conduct or the property settlement claim constituted relevant provocation or otherwise reduced culpability."]

Ratio Decidendi

Although the offender's judgment was substantially impaired by an abnormality of mind and she was entitled to mitigation for her age, prior unblemished record, early plea and lack of future risk, she remained responsible for the deliberate killing by fire of a quadriplegic victim whom she knew could not escape. The killing was planned and motivated by fear of a property settlement claim, and the deceased's conduct did not constitute relevant provocation. A term of 12 years was appropriate before allowing a 25 percent discount for the early guilty plea, producing a sentence of 9 years with special circumstances justifying a non-parole period of 5 years 6 months.

Court Disposition

Grace Soon was sentenced for manslaughter to imprisonment for 9 years, with a non-parole period of 5 years 6 months and a balance term of 3 years 6 months.

Orders

  • ['For the manslaughter of Stephen Chin, Grace Soon is sentenced to imprisonment consisting of a non-parole period of 5 years 6 months commencing on 5 September 2006 and expiring on 4 March 2012, with a balance term of 3 years 6 months commencing on 5 March 2012; the earliest date of eligibility for parole is 4 March...