Regina v Thammavongsa [2005] NSWSC 915

Regina v Thammavongsa [2005] NSWSC 915

The murder was in the middle of the range of objective seriousness because, although the offender actually used a weapon and then kicked the victim, the shooting was to some degree spontaneous and there was no finding of intent to kill. Offender-specific matters, particularly youth, unfortunate background, some remorse, reasonable prospects of rehabilitation and likely service in protection, justified reducing the standard non-parole period to 16 years, with a total term of 21 years.

Jurisdiction
Australia
Judgment Date
13 September 2005
Procedural Posture
Criminal Sentence for Murder / Judgment on Sentence After Jury Verdict of Guilty of Murder
Outcome
Meng Thammavongsa was sentenced to imprisonment for a total term of 21 years with a non-parole period of 16 years.
Legal Topics
['murder' 'standard Non Parole Period' 'self Defence' 'excessive Self Defence' 'youth' 'protection in Custody' 'drug and Alcohol Intoxication']
['criminal Law' 'sentencing'] ['murder' 'standard Non Parole Period' 'self Defence' 'excessive Self Defence' 'youth' 'protection in Custody' 'drug and Alcohol Intoxication']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Judgment on Sentence After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ['What facts relevant to sentence were consistent with the jury verdict and proved to the required standard.' 'Whether the murder fell within the middle of the range of objective seriousness for the standard non-parole period.' 'Whether offender-specific factors justified moderation of the standard non-parole period.' 'Whether special circumstances should be found.']

Ratio Decidendi

The murder was in the middle of the range of objective seriousness because, although the offender actually used a weapon and then kicked the victim, the shooting was to some degree spontaneous and there was no finding of intent to kill. Offender-specific matters, particularly youth, unfortunate background, some remorse, reasonable prospects of rehabilitation and likely service in protection, justified reducing the standard non-parole period to 16 years, with a total term of 21 years.

Court Disposition

Meng Thammavongsa was sentenced to imprisonment for a total term of 21 years with a non-parole period of 16 years.

Orders

  • ['Imprisonment for a total term of 21 years commencing on 14 July 2003 and ending on 13 July 2024.' 'Non-parole period of 16 years ending on 13 July 2019.' 'Eligible to apply for parole on 13 July 2019.']