R v Kwon [2010] NSWSC 671

R v Kwon [2010] NSWSC 671

The offender intentionally killed Ms Kim by holding her down, wrapping a strap around her neck and pulling it tight until death, without provocation or loss of self-control. Although the killing was unplanned and the offender had prior good character, co-operated to some extent, was remorseful, had reasonable rehabilitation prospects and would face some custodial hardship as a foreign national with limited English and family contact, the offence was just below the middle range of objective seriousness for murder. Those mitigating matters were accounted for in the overall sentence and did not justify a separate reduction of the non-parole period as special circumstances because that would...

Jurisdiction
Australia
Judgment Date
02 July 2010
Procedural Posture
Criminal Sentence for Murder / Sentence Following Jury Verdict of Guilty
Outcome
Convicted and sentenced to imprisonment for 22 years with a non-parole period of 16 years 6 months.
Legal Topics
['murder' 'intention to Kill' 'objective Seriousness' 'standard Non Parole Period' 'co Operation With Authorities' 'prior Good Character' 'remorse' 'rehabilitation Prospects' 'hardship in Custody as Foreign National' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'intention to Kill' 'objective Seriousness' 'standard Non Parole Period' 'co Operation With Authorities' 'prior Good Character' 'remorse' 'rehabilitation Prospects' 'hardship in Custody as Foreign National' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentence Following Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for murder committed by strangulation in the victim's home." 'Where the offence fell in the range of objective seriousness for murder and how the standard non-parole period should be used.' "Whether provocation or loss of self-control reduced the offender's culpability." 'What allowance should be made for co-operation with authorities and the conduct of the trial.' 'Whether hardship in custody, first custodial sentence and related matters amounted to special circumstances warranting a reduced non-parole period.']

Ratio Decidendi

The offender intentionally killed Ms Kim by holding her down, wrapping a strap around her neck and pulling it tight until death, without provocation or loss of self-control. Although the killing was unplanned and the offender had prior good character, co-operated to some extent, was remorseful, had reasonable rehabilitation prospects and would face some custodial hardship as a foreign national with limited English and family contact, the offence was just below the middle range of objective seriousness for murder. Those mitigating matters were accounted for in the overall sentence and did not justify a separate reduction of the non-parole period as special circumstances because that would...

Court Disposition

Convicted and sentenced to imprisonment for 22 years with a non-parole period of 16 years 6 months.

Orders

  • ['Convicted.' 'Sentenced to imprisonment comprising a non-parole period of 16 years 6 months with a balance of the term of the sentence of 5 years 6 months.' 'The sentence is to date from 18 March 2009.' 'The offender will become eligible for release on parole upon the expiration of the non-parole period on 17...