R v Gil Bum YUN [2006] NSWSC 258

R v Gil Bum YUN [2006] NSWSC 258

The prisoner intentionally killed the deceased by stabbing him after making threats to kill him. The offence fell somewhere between the mid-range and a higher range of objective seriousness. Although mitigating factors were established, including remorse, prior good character, hardship in custody and low risk of reoffending, they were sufficient only to avoid a non-parole period greater than the statutory standard; the standard non-parole period of twenty years was therefore imposed, with an additional term of six years and eight months.

Jurisdiction
Australia
Judgment Date
11 April 2006
Procedural Posture
Criminal Murder Proceeding / Remarks on Sentence Following Jury Conviction
Outcome
Prisoner sentenced for murder to a non-parole period of twenty years with an additional term of six years and eight months.
Legal Topics
['murder' 'standard Non Parole Period' 'intent' 'mitigating Factors' 'objective Seriousness']
['criminal Law' 'sentencing'] ['murder' 'standard Non Parole Period' 'intent' 'mitigating Factors' 'objective Seriousness']

Case Brief

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Procedural Posture

Criminal Murder Proceeding / Remarks on Sentence Following Jury Conviction

Legal Issues

  1. 1 ['Whether the prisoner intended to kill the deceased when he stabbed him.' 'Where the offence fell in the range of objective seriousness for murder under the Crimes (Sentencing Procedure) Act 1999.' 'Whether mitigating factors justified departure from the standard non-parole period.']

Ratio Decidendi

The prisoner intentionally killed the deceased by stabbing him after making threats to kill him. The offence fell somewhere between the mid-range and a higher range of objective seriousness. Although mitigating factors were established, including remorse, prior good character, hardship in custody and low risk of reoffending, they were sufficient only to avoid a non-parole period greater than the statutory standard; the standard non-parole period of twenty years was therefore imposed, with an additional term of six years and eight months.

Court Disposition

Prisoner sentenced for murder to a non-parole period of twenty years with an additional term of six years and eight months.

Orders

  • ['The sentence is to date from 9 May 2003.' 'The prisoner is sentenced to a non-parole period of twenty years, commencing on 9 May 2003 and expiring on 8 May 2023, when the prisoner will be eligible for release on parole.' 'The additional term under s44 of the Crimes (Sentencing Procedure) Act 1999 is six years and...