REGINA v PAK LUN CHAN [2002] NSWSC 544

REGINA v PAK LUN CHAN [2002] NSWSC 544

Although the offender's capacity to control himself was substantially impaired by an abnormality of mind arising from an underlying psychotic condition, with symptoms of Tourette's Syndrome and Obsessive Compulsive Disorder, the impairment was not so substantial as to reduce liability for murder to manslaughter. The deliberate shooting was objectively very serious but not in the worst class of murder. The offender's youth, first-offender status, psychiatric disability, insight and treatment, rehabilitation prospects, delay, family support and reduced weight to deterrence justified a determinate sentence and special circumstances varying the statutory ratio to increase the parole period....

Jurisdiction
Australia
Judgment Date
20 June 2002
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder
Outcome
The offender was sentenced for murder to 14 years imprisonment with a non-parole period of 9 years.
Legal Topics
['murder' 'substantial Impairment by Abnormality of Mind' 'section 23 a Crimes Act 1900' 'mental Disorder and Sentencing' 'special Circumstances' 'non Parole Period' 'parole' 'deportation or Non Resident Status']
['criminal Law' 'sentencing'] ['murder' 'substantial Impairment by Abnormality of Mind' 'section 23 a Crimes Act 1900' 'mental Disorder and Sentencing' 'special Circumstances' 'non Parole Period' 'parole' 'deportation or Non Resident Status']

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Navid Ali Khan." "Whether the court could find on sentence that the offender's capacity to control himself was substantially impaired by an abnormality of mind arising from an underlying condition, although not so substantial as to warrant reduction of liability from murder to manslaughter, without inconsistency with the jury verdict." "Whether the offender's psychiatric condition, youth, rehabilitation prospects, delay and family support ameliorated sentence and justified special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999." "Whether the offender's likely return to Hong Kong because of non-resident status should deprive him of a variation of the statutory ratio to increase the parole period."]

Ratio Decidendi

Although the offender's capacity to control himself was substantially impaired by an abnormality of mind arising from an underlying psychotic condition, with symptoms of Tourette's Syndrome and Obsessive Compulsive Disorder, the impairment was not so substantial as to reduce liability for murder to manslaughter. The deliberate shooting was objectively very serious but not in the worst class of murder. The offender's youth, first-offender status, psychiatric disability, insight and treatment, rehabilitation prospects, delay, family support and reduced weight to deterrence justified a determinate sentence and special circumstances varying the statutory ratio to increase the parole period....

Court Disposition

The offender was sentenced for murder to 14 years imprisonment with a non-parole period of 9 years.

Orders

  • ['Pak Lun Chan is sentenced to fourteen years imprisonment commencing on 19 April 1999 and expiring on 18 April 2013.' 'A non-parole period of nine years commencing 19 April 1999 and expiring on 18 April 2008 is fixed.' 'The offender will be eligible for parole on 18 April 2008.']