R v SHEE, Gregory John [2012] NSWSC 1422

R v SHEE, Gregory John [2012] NSWSC 1422

The offence was a sustained and very violent but non-premeditated murder committed after the offender genuinely believed the deceased had stolen his phone and money. The Court was not satisfied beyond reasonable doubt that the offender intended to kill, and sentenced him on the basis that he intended to inflict grievous bodily harm. The offence fell below the middle of the range of objective seriousness for murder, reducing the significance of the standard non-parole period, and the offender's mild intellectual disability provided some mitigation of moral culpability and of general deterrence and retribution. A life sentence was not warranted, but a substantial custodial sentence was...

Jurisdiction
Australia
Judgment Date
23 November 2012
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty
Outcome
The offender was convicted of murder and sentenced to imprisonment for a total term of twenty years with a non-parole period of fifteen years.
Legal Topics
['murder' 'standard Non Parole Period' 'objective Seriousness' 'self Defence' 'provocation' 'intoxication' 'mild Intellectual Disability' 'remorse' 'prior Convictions' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'standard Non Parole Period' 'objective Seriousness' 'self Defence' 'provocation' 'intoxication' 'mild Intellectual Disability' 'remorse' 'prior Convictions' 'victim Impact Statement']

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Procedural Posture

Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty

Legal Issues

  1. 1 ['Whether a life sentence was warranted for murder under s 61(1) of the Crimes (Sentencing Procedure) Act 1999.' 'How the maximum penalty and standard non-parole period for murder should guide the sentence.' 'Whether the offender intended to kill or intended to inflict grievous bodily harm.' 'Whether self-defence, provocation or intoxication affected the assessment of the offence for sentence.' "Whether the offender's mild intellectual disability reduced moral culpability and the weight to be given to general deterrence and retribution." 'Whether prior convictions, use of a weapon, prospects of rehabilitation and remorse affected the appropriate sentence.']

Ratio Decidendi

The offence was a sustained and very violent but non-premeditated murder committed after the offender genuinely believed the deceased had stolen his phone and money. The Court was not satisfied beyond reasonable doubt that the offender intended to kill, and sentenced him on the basis that he intended to inflict grievous bodily harm. The offence fell below the middle of the range of objective seriousness for murder, reducing the significance of the standard non-parole period, and the offender's mild intellectual disability provided some mitigation of moral culpability and of general deterrence and retribution. A life sentence was not warranted, but a substantial custodial sentence was...

Court Disposition

The offender was convicted of murder and sentenced to imprisonment for a total term of twenty years with a non-parole period of fifteen years.

Orders

  • ['Gregory John Shee is convicted for the murder of Hoang Tang.' 'The offender is sentenced to a term of imprisonment.' 'A non-parole period of fifteen years is set, commencing on 7 July 2010 and ending on 6 July 2025.' 'An additional term of five years is set, commencing on 7 July 2025 and ending on 6 July 2030.'...