R v June Oh Seo [2019] NSWSC 639

R v June Oh Seo [2019] NSWSC 639

The murder was a serious example of the offence, a little over mid-range, committed in a domestic violence context by an offender with high moral culpability who could not accept Ms Choi's autonomy. The offender assaulted Ms Choi with substantial force, strangled or applied pressure to her neck, and intentionally threw her from a 23rd floor balcony. His prior domestic violence convictions, breach of a current bond, limited evidence of remorse, poor rehabilitation indicators, and the need for general and specific deterrence required a substantial sentence. The guilty plea warranted a 25% utilitarian discount, but special circumstances were not established.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Criminal Sentencing for Murder, With Assault Occasioning Actual Bodily Harm Taken Into Account on a Form 1 / Sentence After Plea of Guilty
Outcome
Convicted of murder and sentenced to imprisonment for 22 years and 6 months, with a non-parole period of 16 years and 10 months.
Legal Topics
['murder' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'form 1 Offences' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'form 1 Offences' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Murder, With Assault Occasioning Actual Bodily Harm Taken Into Account on a Form 1 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Hee Kyung Choi." 'What effect should be given to the offence of assaulting Ms Choi occasioning actual bodily harm, taken into account under s 59(1) of the Crimes Act 1900 (NSW).' "What weight should be given to the offender's guilty plea, asserted remorse, background, mental health material, prior domestic violence convictions, breach of bond, deterrence, rehabilitation, and claimed special circumstances."]

Ratio Decidendi

The murder was a serious example of the offence, a little over mid-range, committed in a domestic violence context by an offender with high moral culpability who could not accept Ms Choi's autonomy. The offender assaulted Ms Choi with substantial force, strangled or applied pressure to her neck, and intentionally threw her from a 23rd floor balcony. His prior domestic violence convictions, breach of a current bond, limited evidence of remorse, poor rehabilitation indicators, and the need for general and specific deterrence required a substantial sentence. The guilty plea warranted a 25% utilitarian discount, but special circumstances were not established.

Court Disposition

Convicted of murder and sentenced to imprisonment for 22 years and 6 months, with a non-parole period of 16 years and 10 months.

Orders

  • ['June Oh Seo is convicted of the murder of Hee Kyung Choi on 9 October 2017 at Chatswood.' 'Taking into account the offence of assaulting Ms Choi, occasioning actual bodily harm to her, and reducing the term by 25% to acknowledge the plea of guilty, the offender is sentenced to a term of imprisonment of 22 years...