R v LK [2019] NSWSC 605

R v LK [2019] NSWSC 605

Although LK did not personally assault or stab the deceased, his participation as driver in a joint criminal enterprise to locate and inflict unlawful violence on the victim made him criminally responsible for a very serious manslaughter. The objective seriousness was high because the attack was organised, brutal, drug-debt related, committed in company and involved weapons, but LK's limited role, lack of prior violence, remorse, good prospects of rehabilitation, guilty plea and substantial past and future assistance justified a combined 50% discount from a 10-year starting point. Special circumstances justified a longer parole period to assist rehabilitation, but only modestly because...

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Guilty Plea
Outcome
LK was convicted of manslaughter and sentenced to imprisonment for 5 years with a non-parole period of 2 years 9 months.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'joint Criminal Enterprise' 'drug Related Offending' 'guilty Plea Discount' 'assistance to Authorities' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'joint Criminal Enterprise' 'drug Related Offending' 'guilty Plea Discount' 'assistance to Authorities' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for LK's manslaughter of Tu Luong arising from a joint criminal enterprise to assault the deceased." 'How the objective seriousness of the offending should be assessed given LK acted as driver and did not personally inflict injuries.' 'What weight should be given to mitigating factors including limited criminal history, absence of prior violence, remorse, drug dependence, good prospects of rehabilitation and guilty plea.' 'What discount should be allowed for past and future assistance to authorities.' 'Whether special circumstances justified adjustment of the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

Although LK did not personally assault or stab the deceased, his participation as driver in a joint criminal enterprise to locate and inflict unlawful violence on the victim made him criminally responsible for a very serious manslaughter. The objective seriousness was high because the attack was organised, brutal, drug-debt related, committed in company and involved weapons, but LK's limited role, lack of prior violence, remorse, good prospects of rehabilitation, guilty plea and substantial past and future assistance justified a combined 50% discount from a 10-year starting point. Special circumstances justified a longer parole period to assist rehabilitation, but only modestly because...

Court Disposition

LK was convicted of manslaughter and sentenced to imprisonment for 5 years with a non-parole period of 2 years 9 months.

Orders

  • ['LK is convicted of the manslaughter of Tu Luong and sentenced to a total sentence of 5 years.' 'A non-parole period of 2 years 9 months is imposed, commencing on 23 May 2019 and expiring on 22 February 2022.' 'There will be a balance of term of 2 years 3 months commencing on 23 February 2022 and expiring on 22 May...