R v Tiwary [2009] NSWSC 1415

R v Tiwary [2009] NSWSC 1415

The facts and aggravating circumstances of the murders committed by Ram Puneet Tiwary warrant lengthy determinate sentences but do not meet the threshold for a life sentence under s.61 Crimes (Sentencing Procedure) Act 1999 for the second murder; the total sentence reflects the seriousness and accumulation required for two separate murders.

Jurisdiction
Australia
Judgment Date
17 December 2009
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Ram Puneet Tiwary sentenced to imprisonment for two counts of murder with set non-parole periods and balance of terms.
Legal Topics
['murder' 'sentencing' 'multiple Victims' 'non Parole Period' 'objective Seriousness' 'life Imprisonment' 'determinate Sentence']
['criminal Law'] ['murder' 'sentencing' 'multiple Victims' 'non Parole Period' 'objective Seriousness' 'life Imprisonment' 'determinate Sentence']

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Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['Appropriate sentence for two counts of murder' 'Whether life imprisonment is warranted for second murder' 'Assessment of objective seriousness and aggravating factors in both murders']

Ratio Decidendi

The facts and aggravating circumstances of the murders committed by Ram Puneet Tiwary warrant lengthy determinate sentences but do not meet the threshold for a life sentence under s.61 Crimes (Sentencing Procedure) Act 1999 for the second murder; the total sentence reflects the seriousness and accumulation required for two separate murders.

Court Disposition

Ram Puneet Tiwary sentenced to imprisonment for two counts of murder with set non-parole periods and balance of terms.

Orders

  • ["For the murder of Chow Lyang Tay, sentenced to 25 years' imprisonment with a non-parole period of 18 years and three months, commencing 28 May 2004 and expiring 27 August 2022, balance of six years and nine months from 28 August 2022 to 27 May 2029." 'For the murder of Poh Chuan Tan, sentenced to imprisonment...