R v Kwon [2004] NSWSC 146

R v Kwon [2004] NSWSC 146

The prisoner's unlawful and dangerous blows caused the deceased's traumatic isolated subarachnoid haemorrhage and death. Although the assault was vicious, violent and protracted and required denunciation, the prisoner had no prior convictions, had no premeditation or prior ill will, was remorseful, surrendered and assisted police, pleaded guilty at the earliest opportunity, and would suffer significant family, migration, business, cultural and linguistic hardship. Those matters justified a one third discount from a four year starting point and special circumstances reducing the non-parole period below three quarters of the total term.

Jurisdiction
Australia
Judgment Date
27 February 2004
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence After Plea of Guilty
Outcome
The prisoner was convicted of Manslaughter and sentenced to imprisonment.
Legal Topics
['manslaughter' 'plea of Guilty' 'sentencing Discount' 'non Parole Period' 'unlawful and Dangerous Act' 'remorse' 'good Character' 'general Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'plea of Guilty' 'sentencing Discount' 'non Parole Period' 'unlawful and Dangerous Act' 'remorse' 'good Character' 'general Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter committed by a protracted violent assault while affected by alcohol.' "What discount should be allowed for the prisoner's early guilty plea, surrender, assistance to police and remorse." 'Whether special circumstances justified reducing the custodial component below three quarters of the total sentence.']

Ratio Decidendi

The prisoner's unlawful and dangerous blows caused the deceased's traumatic isolated subarachnoid haemorrhage and death. Although the assault was vicious, violent and protracted and required denunciation, the prisoner had no prior convictions, had no premeditation or prior ill will, was remorseful, surrendered and assisted police, pleaded guilty at the earliest opportunity, and would suffer significant family, migration, business, cultural and linguistic hardship. Those matters justified a one third discount from a four year starting point and special circumstances reducing the non-parole period below three quarters of the total term.

Court Disposition

The prisoner was convicted of Manslaughter and sentenced to imprisonment.

Orders

  • ['Yong Gap Kwon was convicted of the offence of Manslaughter.' 'He was sentenced to a total term of thirty two months commencing on 13 February 2004 and concluding on 12 February 2006.' 'A non-parole period of twenty months was fixed, expiring on 12 October 2005.' 'On completion of the non-parole period he was...