R v Jung [2022] NSWSC 1262

R v Jung [2022] NSWSC 1262

The offender intentionally killed the victim by strangling her with a telephone charger cord. Although it was highly likely that he positioned himself behind the passenger seat and planned to kill her before she entered the van, that fact was not proved beyond reasonable doubt. The offence was within the middle of the range of objective seriousness for murder. Taking into account the maximum penalty of life imprisonment, the standard non-parole period of twenty years, the 25 percent discount for the early guilty plea, prior good character, remorse, assistance to police, low risk of reoffending, good prospects of rehabilitation, the absence of special circumstances, and the need for...

Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Criminal Sentencing for Murder / Sentence After Guilty Plea
Outcome
Offender sentenced to imprisonment for 18 years with a non-parole period of 13 years and 6 months.
Legal Topics
['murder' 'guilty Plea Discount' 'objective Seriousness' 'remorse' 'prospects of Rehabilitation' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea Discount' 'objective Seriousness' 'remorse' 'prospects of Rehabilitation' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Min Sook Moon.' 'Whether the offender planned the killing before the victim entered the van or acted only after her arrival in an impulsive loss of control.' 'Whether the offender strangled the victim from behind or from beside her in the van.' 'Whether special circumstances warranted variation of the statutory ratio.' 'The relevance of remorse, prior good character, risk of reoffending, rehabilitation, punishment, denunciation and deterrence.']

Ratio Decidendi

The offender intentionally killed the victim by strangling her with a telephone charger cord. Although it was highly likely that he positioned himself behind the passenger seat and planned to kill her before she entered the van, that fact was not proved beyond reasonable doubt. The offence was within the middle of the range of objective seriousness for murder. Taking into account the maximum penalty of life imprisonment, the standard non-parole period of twenty years, the 25 percent discount for the early guilty plea, prior good character, remorse, assistance to police, low risk of reoffending, good prospects of rehabilitation, the absence of special circumstances, and the need for...

Court Disposition

Offender sentenced to imprisonment for 18 years with a non-parole period of 13 years and 6 months.

Orders

  • ['Chulsoo Jung is sentenced to a term of imprisonment of 18 years commencing on 20 March 2021 and expiring on 19 March 2039.' 'The non-parole period is 13 years and 6 months expiring on 19 September 2034.' 'The Court noted, in compliance with s 25C of the Crimes (High Risk Offenders) Act 2006, that the provisions of...