Regina v Phuoc Giau Nguyen [2004] NSWSC 1067

Regina v Phuoc Giau Nguyen [2004] NSWSC 1067

The offences were not premeditated, but involved an intent to kill, with significant aggravating factors including use of a weapon in a public place and the offender being on parole. Mitigating factors included the offender's difficult background and prospects of rehabilitation. Sentences imposed reflect these factors and the requirement for totality and adequate non-parole period for the criminality involved.

Jurisdiction
Australia
Judgment Date
15 November 2004
Procedural Posture
Criminal / Sentencing After Guilty Verdict
Outcome
Offender sentenced to imprisonment: 12 years for shoot with intent to murder (no non-parole period), 20 years for murder (14.5 years non-parole period), aggregate sentence 22 years (16.5 years non-parole), eligibility for parole on 19 September 2018.
Legal Topics
['murder' 'shoot With Intent to Murder' 'sentencing' 'aggravating Factors' 'mitigating Factors']
['criminal Law'] ['murder' 'shoot With Intent to Murder' 'sentencing' 'aggravating Factors' 'mitigating Factors']

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Procedural Posture

Criminal / Sentencing After Guilty Verdict

Legal Issues

  1. 1 ['What is the appropriate sentence for murder and shoot with intent to murder arising from an unpremeditated confrontation?' 'What aggravating and mitigating factors are present in determining sentence?']

Ratio Decidendi

The offences were not premeditated, but involved an intent to kill, with significant aggravating factors including use of a weapon in a public place and the offender being on parole. Mitigating factors included the offender's difficult background and prospects of rehabilitation. Sentences imposed reflect these factors and the requirement for totality and adequate non-parole period for the criminality involved.

Court Disposition

Offender sentenced to imprisonment: 12 years for shoot with intent to murder (no non-parole period), 20 years for murder (14.5 years non-parole period), aggregate sentence 22 years (16.5 years non-parole), eligibility for parole on 19 September 2018.

Orders

  • ['Phuoc Giau Nguyen is sentenced to imprisonment for 12 years for shoot with intent to murder, from 20 March 2002.' 'For the murder of Khanh Thanh Nguyen, sentenced to 20 years imprisonment with a non-parole period of 14.5 years, to commence on 20 March 2004.' 'Aggregate sentence: 22 years imprisonment with...