R v Won [2012] NSWSC 855

R v Won [2012] NSWSC 855

The offender was sentenced on the basis that he killed the deceased intentionally during a short-lived loss of self-control after discovering the deceased having sex with his wife, but the provocation was not grave enough to significantly reduce the objective seriousness. The sustained and persistent knife attack, involving considerable violence and an intention to kill, required denunciation and general deterrence. A 25 per cent discount was allowed because the offender had offered and pleaded guilty to manslaughter, and his remorse, rehabilitation, good character and need for supervised reintegration supported special circumstances and an extended parole period.

Jurisdiction
Australia
Judgment Date
03 August 2012
Procedural Posture
Criminal Sentence for Manslaughter / Sentencing After Trial Conviction and Acquittal of Murder
Outcome
Imprisonment for 7 years and 6 months to date from 11 May 2010 comprised of a non-parole period of 5 years expiring on 10 May 2015 and a balance of term of 2 years and 6 months expiring on 10 November 2017.
Legal Topics
['manslaughter' 'provocation' 'objective Seriousness' 'plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'provocation' 'objective Seriousness' 'plea Discount' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter / Sentencing After Trial Conviction and Acquittal of Murder

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed under provocation.' 'Whether the offender was entitled to a discount for earlier offers and plea of guilty to manslaughter.' 'How the degree of provocation, immediacy of loss of self-control, and degree of violence affected objective seriousness.' 'Whether special circumstances justified disturbing the statutory ratio between the non-parole period and balance of term.']

Ratio Decidendi

The offender was sentenced on the basis that he killed the deceased intentionally during a short-lived loss of self-control after discovering the deceased having sex with his wife, but the provocation was not grave enough to significantly reduce the objective seriousness. The sustained and persistent knife attack, involving considerable violence and an intention to kill, required denunciation and general deterrence. A 25 per cent discount was allowed because the offender had offered and pleaded guilty to manslaughter, and his remorse, rehabilitation, good character and need for supervised reintegration supported special circumstances and an extended parole period.

Court Disposition

Imprisonment for 7 years and 6 months to date from 11 May 2010 comprised of a non-parole period of 5 years expiring on 10 May 2015 and a balance of term of 2 years and 6 months expiring on 10 November 2017.

Orders

  • ['Joachim Won is sentenced to imprisonment for 7 years and 6 months to date from 11 May 2010.' 'A non-parole period of 5 years is imposed, expiring on 10 May 2015.' 'The balance of term is 2 years and 6 months, expiring on 10 November 2017.']