Regina v Mao Vann [2004] NSWSC 988

Regina v Mao Vann [2004] NSWSC 988

The accused fired a rifle with intent to kill the victim, or at minimum with reckless indifference to human life, in a public place where multiple people were present, following a confrontation over a stolen mobile phone. The seriousness of the offence was aggravated by use of a weapon, disregard for public safety, and lack of genuine remorse. A plea of guilty was entered late and thus only a limited discount was allowed. No special circumstances justified altering the statutory non-parole period ratio.

Parties
Prosecution: Regina; Accused: Mao Vann
Jurisdiction
Australia
Judgment Date
28 October 2004
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
Sentencing, Murder, Guilty Plea, Use of Firearm, Public Safety, Plea Discount
Criminal Law Sentencing Murder Guilty Plea Use of Firearm Public Safety Plea Discount

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Parties

Regina

Prosecution

Mao Vann

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Did Mao Vann commit murder with intent to kill, cause grievous bodily harm, or with reckless indifference to human life?
  2. 2 What factors should affect the appropriate sentence for murder and related offences?

Ratio Decidendi

The accused fired a rifle with intent to kill the victim, or at minimum with reckless indifference to human life, in a public place where multiple people were present, following a confrontation over a stolen mobile phone. The seriousness of the offence was aggravated by use of a weapon, disregard for public safety, and lack of genuine remorse. A plea of guilty was entered late and thus only a limited discount was allowed. No special circumstances justified altering the statutory non-parole period ratio.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • Mao Vann sentenced to imprisonment for 19 years for murder, commencing 16 February 2002 and expiring 15 February 2021, with a non-parole period of 14 years and 3 months (eligible for parole on 15 May 2016).
  • On the charge of assaulting Kamal Elmasri, sentenced to 18 months imprisonment to be served concurrently from 16 February 2002.