REGINA v. NGOC [1999] NSWSC 1102

REGINA v. NGOC [1999] NSWSC 1102

Given the gravity of the murder and malicious wounding, and balancing the plea of guilty, surrender, and absence of prior criminality, a sentence of 16 years penal servitude for murder (with a minimum term of 12 years and an additional term of 4 years), and a concurrent fixed term of three years for malicious wounding, is appropriate. There are no special circumstances justifying a longer additional supervision term.

Parties
Crown: Regina; Prisoner: Ngoc Dang
Jurisdiction
Australia
Judgment Date
11 November 1999
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted on plea of guilty; sentenced to penal servitude for 16 years with a minimum term of 12 years for murder, and a concurrent three-year imprisonment for malicious wounding.
Legal Topics
Sentencing, Murder, Malicious Wounding, Guilty Plea
Criminal Law Sentencing Murder Malicious Wounding Guilty Plea

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Parties

Regina

Crown

Ngoc Dang

Prisoner

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for murder and malicious wounding in the circumstances?
  2. 2 Are there special circumstances justifying a longer additional term under s.5(2) of the Sentencing Act 1989?

Ratio Decidendi

Given the gravity of the murder and malicious wounding, and balancing the plea of guilty, surrender, and absence of prior criminality, a sentence of 16 years penal servitude for murder (with a minimum term of 12 years and an additional term of 4 years), and a concurrent fixed term of three years for malicious wounding, is appropriate. There are no special circumstances justifying a longer additional supervision term.

Court Disposition

Convicted on plea of guilty; sentenced to penal servitude for 16 years with a minimum term of 12 years for murder, and a concurrent three-year imprisonment for malicious wounding.

Orders

  • Sentence of 16 years penal servitude for murder, with a minimum term of 12 years (4 November 1998 – 3 November 2010), and an additional term of 4 years (4 November 2010 – 3 November 2014).
  • Concurrent fixed term of three years imprisonment for malicious wounding, commencing 4 November 1998.