R v Xie [2017] NSWSC 63

R v Xie [2017] NSWSC 63

The offender's planned, intentional and brutal killing of five members of a family, including two children, in their home while they were sleeping or being roused from sleep, with extreme violence deliberately directed to the victims' heads and faces, placed each murder within the worst case category. There were no mitigating subjective circumstances and the community interests identified in s 61(1) could only be met by life sentences on each count.

Jurisdiction
Australia
Judgment Date
13 February 2017
Procedural Posture
Criminal Sentence for Five Counts of Murder / Sentencing After Jury Returned Majority Verdicts of Guilty on Each of the Five Counts of Murder
Outcome
Lian Bin (Robert) Xie was convicted on counts 1 to 5 inclusive of the murders of Min (Norman) Lin, Yun Li (Lily) Lin, Yun Bin (Irene) Lin, Henry Lin and Terry Lin, and sentenced on each count to imprisonment for life commencing on 25 May 2012.
Legal Topics
['murder' 'five Counts of Murder' 'worst Case Category' 'life Imprisonment' 'culpability' 'future Dangerousness' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'five Counts of Murder' 'worst Case Category' 'life Imprisonment' 'culpability' 'future Dangerousness' 'victim Impact Statement']

Case Brief

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Procedural Posture

Criminal Sentence for Five Counts of Murder / Sentencing After Jury Returned Majority Verdicts of Guilty on Each of the Five Counts of Murder

Legal Issues

  1. 1 ['Whether the murders were within the worst case category of murder.' "Whether the offender's culpability was so extreme that the community interest in retribution, punishment, community protection and deterrence could only be met by life sentences." 'Whether any subjective circumstances justified a lesser determinate sentence.' 'Whether there was a risk of the offender committing further offences of violence.']

Ratio Decidendi

The offender's planned, intentional and brutal killing of five members of a family, including two children, in their home while they were sleeping or being roused from sleep, with extreme violence deliberately directed to the victims' heads and faces, placed each murder within the worst case category. There were no mitigating subjective circumstances and the community interests identified in s 61(1) could only be met by life sentences on each count.

Court Disposition

Lian Bin (Robert) Xie was convicted on counts 1 to 5 inclusive of the murders of Min (Norman) Lin, Yun Li (Lily) Lin, Yun Bin (Irene) Lin, Henry Lin and Terry Lin, and sentenced on each count to imprisonment for life commencing on 25 May 2012.

Orders

  • ['On counts 1 to 5 inclusive on the indictment, Lian Bin (Robert) Xie is convicted of the murders of Min (Norman) Lin, Yun Li (Lily) Lin, Yun Bin (Irene) Lin, Henry Lin and Terry Lin.' 'On each count, Lian Bin (Robert) Xie is sentenced to imprisonment for life, commencing on 25 May 2012.']