R v Wang [2015] NSWSC 433

R v Wang [2015] NSWSC 433

A sentence of imprisonment for 20 years, with a non-parole period of 15 years, was appropriate having regard to the gravity of the murder, the loss of control, the offender’s deep remorse, the utilitarian value of the guilty plea, prior good character, and the circumstances in mitigation; but not so as to depart from the statutory ratio between total sentence and non-parole period.

Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
Offender sentenced to imprisonment for 20 years from 25 February 2013, expiring 24 February 2033, with a non-parole period of 15 years; eligible for parole 24 February 2028.
Legal Topics
['murder' 'sentencing' 'plea of Guilty' 'loss of Control' 'remorse' 'character Evidence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

  1. 1 ['What is the appropriate sentence for a plea of guilty to murder in the described circumstances?' 'How do mitigating and aggravating circumstances affect sentencing for murder?']

Ratio Decidendi

A sentence of imprisonment for 20 years, with a non-parole period of 15 years, was appropriate having regard to the gravity of the murder, the loss of control, the offender’s deep remorse, the utilitarian value of the guilty plea, prior good character, and the circumstances in mitigation; but not so as to depart from the statutory ratio between total sentence and non-parole period.

Court Disposition

Offender sentenced to imprisonment for 20 years from 25 February 2013, expiring 24 February 2033, with a non-parole period of 15 years; eligible for parole 24 February 2028.

Orders

  • ['Convicted of murder.' 'Sentenced to 20 years imprisonment from 25 February 2013 to 24 February 2033.' 'Non-parole period of 15 years.' 'First eligible for parole on 24 February 2028.']