R v Ta Southammavong and Vilasone Sihavong [2002] NSWSC 854

R v Ta Southammavong and Vilasone Sihavong [2002] NSWSC 854

For Southammavong, the murder was committed with intent to kill, the conduct was extremely serious though not in the worst category, and cumulative sentencing was required in conjunction with the malicious wounding conviction; for Sihavong, the malicious wounding convictions in a joint criminal enterprise warranted partly cumulative sentences and a finding of special circumstances due to his age, background, and the partly cumulative nature of his terms.

Jurisdiction
Australia
Judgment Date
19 September 2002
Procedural Posture
Criminal / Sentencing After Jury Verdicts
Outcome
Conviction and sentencing: Ta Southammavong—guilty of murder and malicious wounding with intent, sentenced to a total of twenty-one years' imprisonment with a non-parole period of sixteen years. Vilasone Sihavong—guilty of two counts of malicious wounding with intent, sentenced to a total of fourteen years'...
Legal Topics
['murder' 'malicious Wounding With Intent to Inflict Grievous Bodily Harm' 'sentencing' 'joint Criminal Enterprise' 'cumulative and Concurrent Sentences' 'special Circumstances (sentencing)']
['criminal Law'] ['murder' 'malicious Wounding With Intent to Inflict Grievous Bodily Harm' 'sentencing' 'joint Criminal Enterprise' 'cumulative and Concurrent Sentences' 'special Circumstances (sentencing)']

Case Brief

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Procedural Posture

Criminal / Sentencing After Jury Verdicts

Legal Issues

  1. 1 ['Appropriate sentences for murder and malicious wounding with intent to inflict grievous bodily harm' 'Application of sentencing principles including cumulative/concurrent sentencing and totality' "Finding of 'special circumstances' under s 44(2) Crimes (Sentencing Procedure) Act 1999 in relation to offender Sihavong" 'Whether offences were premeditated or intention was formed spontaneously']

Ratio Decidendi

For Southammavong, the murder was committed with intent to kill, the conduct was extremely serious though not in the worst category, and cumulative sentencing was required in conjunction with the malicious wounding conviction; for Sihavong, the malicious wounding convictions in a joint criminal enterprise warranted partly cumulative sentences and a finding of special circumstances due to his age, background, and the partly cumulative nature of his terms.

Court Disposition

Conviction and sentencing: Ta Southammavong—guilty of murder and malicious wounding with intent, sentenced to a total of twenty-one years' imprisonment with a non-parole period of sixteen years. Vilasone Sihavong—guilty of two counts of malicious wounding with intent, sentenced to a total of fourteen years'...

Orders

  • ["Ta Southammavong: Count 5—eight years' imprisonment from 13 June 2000 to 12 June 2008, no non-parole period; Count 1 (murder)—nineteen years' imprisonment with non-parole period of fourteen years from 13 June 2002, to expire 12 June 2021 (non-parole to 12 June 2016), to be served partly concurrently and partly...