R v Kevin Ly; R v Dung Thi Ngoc Ngo [2019] NSWSC 502

R v Kevin Ly; R v Dung Thi Ngoc Ngo [2019] NSWSC 502

Both Dung Thi Ngoc Ngo and Kevin Ly were convicted of the murder of Son Thanh Nguyen and Thi Kim Lien Do pursuant to a joint criminal enterprise motivated by suspicion of drug theft; although the Crown did not establish beyond reasonable doubt the element of a contract killing, the murders were of high objective seriousness and no relevant distinction could be drawn between the offenders' culpability. An aggregate sentence of 40 years imprisonment, with 30 years non-parole, was appropriate given the gravity and aggravating features.

Jurisdiction
Australia
Judgment Date
06 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence pronounced.
Legal Topics
['murder' 'joint Criminal Enterprise' 'sentencing' 'objective Seriousness' 'aggregate Sentence']
['criminal Law'] ['murder' 'joint Criminal Enterprise' 'sentencing' 'objective Seriousness' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder pursuant to joint criminal enterprise; whether life sentence appropriate; whether offending constituted a contract killing; whether evidence allowed distinguishing culpability between offenders']

Ratio Decidendi

Both Dung Thi Ngoc Ngo and Kevin Ly were convicted of the murder of Son Thanh Nguyen and Thi Kim Lien Do pursuant to a joint criminal enterprise motivated by suspicion of drug theft; although the Crown did not establish beyond reasonable doubt the element of a contract killing, the murders were of high objective seriousness and no relevant distinction could be drawn between the offenders' culpability. An aggregate sentence of 40 years imprisonment, with 30 years non-parole, was appropriate given the gravity and aggravating features.

Court Disposition

Conviction and sentence pronounced.

Orders

  • ['Dong Thi Ngoc Ngo: Convicted of murder of Son Thanh Nguyen and Thi Kim Lien Do; aggregate sentence of 40 years imprisonment from 22 September 2016 to 21 September 2056; non-parole period of 30 years from 22 September 2016 to 21 September 2046; eligible for parole on 22 September 2046.' 'Kevin Ly: Convicted of...