| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2014 0180
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| VATTHANA CHOUNLAMOUNTRY |
---
JUDGE: | JANE DIXON J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 31 August - 23 September 2015, 2 June & 9 June 2016 |
DATE OF SENTENCE: | 26 August 2016 |
CASE MAY BE CITED AS: | DPP v Chounlamountry |
MEDIUM NEUTRAL CITATION: | [2016] VSC 509 |
---
CRIMINAL LAW – Sentence – Jury verdict – Acquitted of common law murder – Convicted of statutory murder – Fatal stabbing during armed robbery at home of deceased – Jury verdict consistent with lack of specific intent at the time of infliction of fatal wound – Offers to plead guilty to statutory murder rejected – Sentence of 17 years and 6 months’ imprisonment with non-parole period of 13 years and 6 months – Crimes Act 1958 s 3A
---
APPEARANCES: | Counsel | Solicitors |
For the Crown | Ms M Williams QC with Ms M Stylianou | Office of Public Prosecutions |
For the Accused | Mr G Georgiou SC with Ms C Lynch | Tait Lawyers |
HER HONOUR:
Vatthana Chounlamountry, you have been found guilty by a jury of murder pursuant to s 3A of the Crimes Act 1953 (Vic), an offence known in Victoria as ‘statutory murder’.
Murder, including statutory murder, carries a maximum sentence of life imprisonment.[1]
[1]Crimes Act 1958 (Vic) s 3.
On 6 May 2014, at a house in St Albans, you caused the death of Thanh Phong Nguyen (‘the deceased’ or ‘Phong’) in the course of committing an armed robbery.
He was 23 years old at the time of his death and was a married man with two young children.
The deceased conducted a drug trafficking operation from the games room of the house. You had been introduced to the deceased by your partner, Stephanie Lam, who had known him and his family since childhood.
The pair of you were regular visitors to the deceased’s house for the purpose of purchasing crystal methamphetamine, also known as ice.[2]
[2]Police record of interview on 11 May 2014 (‘ROI’) (Prosecution Exhibit 11 at trial): You told police you had been to the house to purchase ice every day for the last three weeks and sometimes twice a day (Q&A 255), and that Phong had warned you to cut down (Q&A 199).
In the months leading up to the murder, your drug use had escalated, and you and your partner were becoming increasingly desperate to satisfy your cravings for drugs.
You were living a chaotic existence and had the day-to-day care of your two small children—Zhao, aged 4, and Violet, only 8 months old at the time.
You had lost your job and had no savings. Your payments from Centrelink were insufficient to meet the daily needs of your family whilst also feeding your drug dependency.
You had a long history of heroin addiction, but, in February 2014, you began using ice in an effort to cope with the demands of parenting. However, you discovered that ice…
Continue reading DPP v Chounlamountry
Sign in free to access the full text
- AGLC
- Director of Public Prosecutions v Chounlamountry [2016] VSC 509
- Case
- [2016] VSC 509
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the sentence imposed was manifestly inadequate and whether the trial judge had erred in failing to consider the totality of the offending conduct. The court was required to assess the sentence in light of the jury’s verdict that the respondent lacked the specific intent to kill, which was a mitigating factor. The court also had to determine whether the trial judge properly balanced the severity of the offence with the mitigating factors, including the respondent's youth and background.
In assessing the sentence, the Court of Appeal held that the trial judge had failed to adequately consider the totality of the offending conduct, particularly the context of the armed robbery. The court noted that the jury's verdict of statutory murder, which recognised the lack of specific intent, should have been a significant mitigating factor. The appellate court found that the trial judge's approach did not sufficiently account for this verdict, leading to a sentence that was manifestly inadequate. Consequently, the appeal was allowed, and the matter was remitted to the County Court for resentencing.
In light of the appellate court’s decision, the matter was to be returned to the County Court for resentencing. The court emphasised that the resentencing should appropriately reflect the totality of the offending conduct, including the lack of specific intent to kill as found by the jury. The court also highlighted the importance of considering the statutory framework provided by section 3A of the Crimes Act 1958 in determining an appropriate sentence. The respondent was to be given an opportunity to address the court on the matter of sentence at the resentencing hearing.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.