Regina v Lo [2003] NSWCCA 313

Regina v Lo [2003] NSWCCA 313

The sentencing judge complied with s 61, correctly treated the murder and conspiracy as worst-category contract killing offences involving witnesses in serious criminal prosecutions, and did not err in considering the pleas of guilty or assistance to authorities. The reductions given by imposing finite sentences,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Criminal Appeal Against Sentence; Application for Leave to Appeal / New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['murder' 'conspiracy to Murder' 'contract Killing' 'manifest Excess' 'plea of Guilty Discount' 'assistance to Authorities' 'life Imprisonment' 'double Dipping']
['criminal Law' 'sentencing' 'criminal Appeals'] ['murder' 'conspiracy to Murder' 'contract Killing' 'manifest Excess' 'plea of Guilty Discount' 'assistance to Authorities' 'life Imprisonment' 'double Dipping']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence; Application for Leave to Appeal / New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences for murder and conspiracy to murder were manifestly too severe.' 'Whether the sentencing judge complied with s 61 of the Crimes (Sentencing Procedure) Act 1999 without using its precise verbal formula.' 'How a plea of guilty and assistance to authorities may affect an otherwise indeterminate sentence of life imprisonment.' 'Whether the sentencing judge erred in considering remorse, utilitarian value of the pleas, motivation for assistance, or the extent of discount for assistance.']

Ratio Decidendi

The sentencing judge complied with s 61, correctly treated the murder and conspiracy as worst-category contract killing offences involving witnesses in serious criminal prosecutions, and did not err in considering the pleas of guilty or assistance to authorities. The reductions given by imposing finite sentences, including 18 years for conspiracy to murder and 32 years with a 23-year non-parole period for murder, were appropriate. No lesser sentence was warranted in law or should have been passed under s 6(3) of the Criminal Appeal Act 1912.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']