R v Lee [2010] NSWSC 632

R v Lee [2010] NSWSC 632

The offender's conduct in obtaining and using a hammer, chasing the deceased after knowing Mr Song had been stabbed, kicking and attempting to strike the deceased, and holding and scuffling with him before the co-offender stabbed him proved beyond reasonable doubt an intention to inflict grievous bodily harm, though not an intention to kill. The racial motivation and planned criminal activity aggravating factors were not proved, but use of weapons and commission in company were established. The offence was below the middle range of objective seriousness, and the offender's culpability was less, but not significantly less, than the co-offender's. Taking into account the Form 1 assault,...

Jurisdiction
Australia
Judgment Date
18 June 2010
Procedural Posture
Criminal Sentencing / Remarks on Sentence After Guilty Plea to Murder, With a Form 1 Offence Taken Into Account
Outcome
Convicted and sentenced to imprisonment for murder, with the Form 1 assault offence taken into account.
Legal Topics
['murder' 'joint Enterprise' 'extended Common Purpose' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors' 'parity' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['murder' 'joint Enterprise' 'extended Common Purpose' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors' 'parity' 'special Circumstances' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence After Guilty Plea to Murder, With a Form 1 Offence Taken Into Account

Legal Issues

  1. 1 ['Whether the offender intended to kill or to inflict grievous bodily harm on the deceased.' 'Whether the murder was motivated by prejudice against the race of the Korean victims.' 'Whether the offence was committed as part of a planned criminal activity.' 'Where the offence lay in the range of objective seriousness for murder.' "Whether the offender's sentence should be less than that imposed on the co-offender having regard to parity and proportionality." 'Whether special circumstances justified a non-parole period different from the statutory ratio.']

Ratio Decidendi

The offender's conduct in obtaining and using a hammer, chasing the deceased after knowing Mr Song had been stabbed, kicking and attempting to strike the deceased, and holding and scuffling with him before the co-offender stabbed him proved beyond reasonable doubt an intention to inflict grievous bodily harm, though not an intention to kill. The racial motivation and planned criminal activity aggravating factors were not proved, but use of weapons and commission in company were established. The offence was below the middle range of objective seriousness, and the offender's culpability was less, but not significantly less, than the co-offender's. Taking into account the Form 1 assault,...

Court Disposition

Convicted and sentenced to imprisonment for murder, with the Form 1 assault offence taken into account.

Orders

  • ['Michael Lee was convicted of the murder of Joon Yup Lee.' 'The offender was sentenced to a term of imprisonment with a non-parole period of 13 years 3 months commencing on 20 March 2008 and expiring on 19 June 2021.' 'A balance of term of 6 years was set, commencing on 20 June 2021 and expiring on 19 June 2027.'...