REGINA v NG, REGINA v LEW [2003] NSWSC 781

REGINA v NG, REGINA v LEW [2003] NSWSC 781

Ng was a willing and enthusiastic participant in a planned armed robbery involving potentially lethal weapons that culminated in the cold-blooded execution of Mr Stiffe, had shown no contrition or rehabilitation prospects, and required a longer sentence than the starting point used for Lo. Lew's culpability was far lower because he did not participate in the killing, did not intend or foresee grievous bodily harm or death, had attempted to withdraw from active participation, pleaded guilty to related offences, and was unlikely to reoffend, although his breach of trust as a tavern employee aggravated his criminality.

Jurisdiction
Australia
Judgment Date
20 August 2003
Procedural Posture
Criminal Sentencing / Judgment on Sentence After Jury Convictions and Guilty Pleas
Outcome
David Ng was sentenced for armed robbery and murder to an overall sentence of thirty-seven years with a non-parole period of twenty-seven years and nine months. Teck Lee Lew was sentenced for accessory before the fact offences to an overall sentence of fifteen years with a non-parole period of twelve years.
Legal Topics
['murder' 'armed Robbery' 'accessory Before the Fact' 'attempted Robbery' 'culpability' 'guilty Plea' 'parity of Sentence' 'victim Impact Statement' 'non Parole Period' 'totality']
['criminal Law' 'sentencing'] ['murder' 'armed Robbery' 'accessory Before the Fact' 'attempted Robbery' 'culpability' 'guilty Plea' 'parity of Sentence' 'victim Impact Statement' 'non Parole Period' 'totality']

Case Brief

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Procedural Posture

Criminal Sentencing / Judgment on Sentence After Jury Convictions and Guilty Pleas

Legal Issues

  1. 1 ['Appropriate sentence for David Ng for murder and armed robbery of Nigel Stiffe.' 'Appropriate sentence for Teck Lee Lew for being an accessory before the fact to attempted robbery, robbery with an offensive weapon, and murder.' 'Assessment of relative culpability, guilty pleas, rehabilitation prospects, victim impact material, totality and concurrency of sentences.']

Ratio Decidendi

Ng was a willing and enthusiastic participant in a planned armed robbery involving potentially lethal weapons that culminated in the cold-blooded execution of Mr Stiffe, had shown no contrition or rehabilitation prospects, and required a longer sentence than the starting point used for Lo. Lew's culpability was far lower because he did not participate in the killing, did not intend or foresee grievous bodily harm or death, had attempted to withdraw from active participation, pleaded guilty to related offences, and was unlikely to reoffend, although his breach of trust as a tavern employee aggravated his criminality.

Court Disposition

David Ng was sentenced for armed robbery and murder to an overall sentence of thirty-seven years with a non-parole period of twenty-seven years and nine months. Teck Lee Lew was sentenced for accessory before the fact offences to an overall sentence of fifteen years with a non-parole period of twelve years.

Orders

  • ["David Ng is sentenced on the charge of armed robbery to a fixed term of seven years' imprisonment to commence on 6 July 2001 and expire on 5 July 2008." "David Ng is sentenced for murder to a term of thirty-five years' imprisonment to commence on 6 July 2003 and expire on 5 July 2038." "David Ng's overall sentence...