REGINA v TON [2000] NSWSC 1023

REGINA v TON [2000] NSWSC 1023

The objective circumstances were very serious because the offender intentionally inflicted serious injury by stabbing Mr Hammond twice in the chest to escape lawful apprehension and while believing the victim was a police officer. The Court treated the offence as aggravated by that belief, the purpose of avoiding apprehension, and the carriage and use of a knife, while allowing mitigation for the offender's youth, lack of prior convictions, remorse, early guilty plea, drug addiction context and rehabilitation prospects. A 20 percent reduction was applied for the utilitarian value of the plea, and the statutory relationship between sentence and non-parole period was departed from to allow...

Jurisdiction
Australia
Judgment Date
03 November 2000
Procedural Posture
Sentence for Murder / Judgment on Sentence After Plea of Guilty
Outcome
The offender was sentenced to twenty-two years' imprisonment with a non-parole period of fourteen years, commencing 27 April 1999, with earliest eligibility for parole on 26 April 2013.
Legal Topics
['murder' 'stabbing to Avoid Apprehension' 'plea of Guilty' 'young Offender' 'non Parole Period' 'victim Impact Statements' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'stabbing to Avoid Apprehension' 'plea of Guilty' 'young Offender' 'non Parole Period' 'victim Impact Statements' 'rehabilitation']

Case Brief

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Procedural Posture

Sentence for Murder / Judgment on Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for murder committed by stabbing during flight from a handbag robbery where the offender intended to cause grievous bodily harm.' "What allowance should be made for the offender's early plea of guilty, remorse, youth, drug addiction and prospects of rehabilitation." 'Whether and how victim impact statements should affect sentence.' 'Whether to depart from the statutory relationship between the head sentence and non-parole period.']

Ratio Decidendi

The objective circumstances were very serious because the offender intentionally inflicted serious injury by stabbing Mr Hammond twice in the chest to escape lawful apprehension and while believing the victim was a police officer. The Court treated the offence as aggravated by that belief, the purpose of avoiding apprehension, and the carriage and use of a knife, while allowing mitigation for the offender's youth, lack of prior convictions, remorse, early guilty plea, drug addiction context and rehabilitation prospects. A 20 percent reduction was applied for the utilitarian value of the plea, and the statutory relationship between sentence and non-parole period was departed from to allow...

Court Disposition

The offender was sentenced to twenty-two years' imprisonment with a non-parole period of fourteen years, commencing 27 April 1999, with earliest eligibility for parole on 26 April 2013.

Orders

  • ["Nhat Thang Ton is sentenced to a term of twenty-two years' imprisonment." 'A non-parole period of fourteen years is set.' 'The earliest date upon which the offender will be eligible for release on parole is 26 April 2013.' 'The sentence will date from 27 April 1999.']