Regina v Jang [1999] NSWSC 1153

Regina v Jang [1999] NSWSC 1153

Although the crimes involved deliberate killings and little mitigation, the level of culpability was not so extreme as to mandate a life sentence under s 431B(1) of the Crimes Act. Determinate sentences were imposed, taking into account the prisoner’s age, lack of prior convictions, and guilty pleas.

Jurisdiction
Australia
Judgment Date
03 December 1999
Procedural Posture
Criminal / Sentencing
Outcome
prisoner sentenced to determinate terms of imprisonment for murder
Legal Topics
['sentencing' 'murder']
['criminal Law'] ['sentencing' 'murder']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for two counts of murder' 'Application of Crimes Act mandatory life sentence provisions' "Evaluation of mitigation factors and 'special circumstances'"]

Ratio Decidendi

Although the crimes involved deliberate killings and little mitigation, the level of culpability was not so extreme as to mandate a life sentence under s 431B(1) of the Crimes Act. Determinate sentences were imposed, taking into account the prisoner’s age, lack of prior convictions, and guilty pleas.

Court Disposition

prisoner sentenced to determinate terms of imprisonment for murder

Orders

  • ['Soo Duck Jang is sentenced for each conviction to a minimum term of 18 years penal servitude, commencing 8 April 1998 and expiring 7 April 2016.' 'An additional term of 6 years is specified in each case, commencing 8 April 2016 and expiring 7 April 2022.']