R v Tammajanta [2024] NSWSC 1180

R v Tammajanta [2024] NSWSC 1180

The offender is sentenced to imprisonment for 23 years and 4 months, with a non-parole period of 16 years and 4 months, reflecting objective seriousness within the mid-range, absence of intent to kill, brutality and sustained assault, lack of genuine remorse, moderate prospects of rehabilitation, harsher custodial conditions due to limited English, and special circumstances warranting a reduced ratio between head sentence and non-parole period.

Parties
Crown: Rex; Offender: Natthawut Tammajanta
Jurisdiction
Australia
Judgment Date
18 September 2024
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment for murder
Legal Topics
Sentencing, Murder, Domestic Violence, Objective Seriousness, Remorse, Special Circumstances
Criminal Law Sentencing Murder Domestic Violence Objective Seriousness Remorse Special Circumstances

Case Brief

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Parties

Rex

Crown

Natthawut Tammajanta

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for murder under objective seriousness and subjective circumstances?
  2. 2 Does the offender's remorse, prospects of rehabilitation, and custodial hardship constitute special circumstances warranting departure from the statutory ratio of head sentence to non-parole period?

Ratio Decidendi

The offender is sentenced to imprisonment for 23 years and 4 months, with a non-parole period of 16 years and 4 months, reflecting objective seriousness within the mid-range, absence of intent to kill, brutality and sustained assault, lack of genuine remorse, moderate prospects of rehabilitation, harsher custodial conditions due to limited English, and special circumstances warranting a reduced ratio between head sentence and non-parole period.

Court Disposition

Convicted and sentenced to imprisonment for murder

Orders

  • Imprisonment for a term of 23 years and 4 months to commence on 18 December 2022 and expire on 17 April 2046.
  • Non-parole period of 16 years and 4 months to commence on 18 December 2022 and expire on 17 April 2039. Eligible for release on parole on 17 April 2039.