REGINA v TIWARY [2006] NSWSC 1156

REGINA v TIWARY [2006] NSWSC 1156

Given the facts and seriousness—particularly the premeditated and calculated nature of the second murder—in respect of the murder of Poh Chuan Tan, the community interest can only be met by imposing a sentence of life imprisonment. For the murder of Chow Lyang Tay, the community interest is met by a fixed term sentence.

Jurisdiction
Australia
Judgment Date
06 November 2006
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Offender sentenced to twenty-five years' imprisonment for the murder of Chow Lyang Tay and life imprisonment for the murder of Poh Chuan Tan, sentences to be served concurrently, commencing 28 May 2004.
Legal Topics
['murder' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentencing After Conviction by Jury

  1. 1 ['Appropriate sentence for two counts of murder' 'Application of Crimes (Sentencing Procedure) Act 1999 s 61(1) for life sentence']

Ratio Decidendi

Given the facts and seriousness—particularly the premeditated and calculated nature of the second murder—in respect of the murder of Poh Chuan Tan, the community interest can only be met by imposing a sentence of life imprisonment. For the murder of Chow Lyang Tay, the community interest is met by a fixed term sentence.

Court Disposition

Offender sentenced to twenty-five years' imprisonment for the murder of Chow Lyang Tay and life imprisonment for the murder of Poh Chuan Tan, sentences to be served concurrently, commencing 28 May 2004.

Orders

  • ["Twenty-five years' imprisonment for the murder of Chow Lyang Tay, commencing 28 May 2004." 'Life imprisonment for the murder of Poh Chuan Tan, commencing 28 May 2004.']