Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Park v R [2019] NSWCCA 105 Hearing dates: 10 May 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Before: Payne JA at [1]
Harrison J at [2]
R A Hulme J at [50]Decision: (1) Grant leave to appeal.
(2) Allow the appeal.
(3) Quash the sentence imposed upon Tai Jin Park by Latham J on 30 June 2017.
(4) In lieu of the sentence imposed by Latham J, sentence Tai Jin Park to a non-parole period of imprisonment of 21 years and 6 months to date from 26 August 2015, expiring on 25 February 2037, with a balance of term of 7 years and 3 months expiring on 25 May 2044.Catchwords: CRIME – sentence appeal – where appellant pleaded guilty to murder – where appellant sentenced to imprisonment for 36 years, with a non-parole period of 27 years – whether sentencing judge erred in finding murder involved a significant degree of premeditation – whether sentencing judge erred when determining objective seriousness – whether sentence manifestly excessive – appeal allowed – resentence Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Lees v R [2019] NSWCCA 65
Nguyen v R (2007) 180 A Crim R 267; [2007] NSWCCA 363
R v Afu; R v Caleo (No 17) [2018] NSWSC 1127
R v Campbell [2010] NSWSC 995
R v Nguyen [2006] NSWSC 850
R v Di Cianni and Pintabona [2013] NSWSC 1328
R v Evans; R v Rawlinson; R v Proud [2014] NSWSC 979
R v Naismith [2000] NSWSC 1024
R v Wiggins [2018] NSWSC 1142
Salafia v R [2015] NSWCCA 141Category: Principal judgment Parties: Tai Jin Park (Appellant)
Crown (Respondent)Representation: Counsel:
Solicitors:
D Dalton SC (Appellant)
M Cinque SC (Respondent)
Ross Hill & Associates (Appellant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2015/250420 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Criminal Division
- Citation:
- [2017] NSWSC 873
- Date of Decision:
- 30 June 2017
- Before:
- Latham J
- File Number(s):
- 2015/250420
Judgment
-
PAYNE JA: I agree with Harrison J and with the additional remarks of R A Hulme J.
-
HARRISON J: Tai Jin Park pleaded guilty on 1 February 2017 to the murder of Suyoung An between 18 August 2015 and 22 August 2015. He was sentenced by Latham J on 30 June 2017 to imprisonment for a term of 36 years commencing on 26 August 2015 and expiring on 25 August 2051 with a non-parole period of 27 years expiring on 25 August 2042. Mr Park appeals to this Court against the sentence imposed by her Honour upon the following grounds:
Ground 1: Her Honour erred in finding that premeditation existed to a significant degree.
Ground 2: Her Honour erred in finding that premeditation to kill and a brutal assault upon…
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- AGLC
- Park v The Queen [2019] NSWCCA 105
- Case
- [2019] NSWCCA 105
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing judge had indeed erred in finding that the murder involved a significant degree of premeditation, as the evidence did not support such a conclusion. The court held that this error had a material effect on the sentence, as it led to an overestimation of the gravity of the crime. Furthermore, the court found that the sentencing judge had also erred in determining the objective seriousness of the crime, as the evidence did not support the level of seriousness assigned. The court concluded that the sentence imposed was manifestly excessive, given the errors identified. As a result, the appeal was allowed, and the case was remitted to the Court of Appeal for resentencing.
The High Court emphasised that in cases where a guilty plea has been entered, the sentencing court must carefully consider the circumstances of the case, including the level of premeditation and the objective seriousness of the crime, to ensure that the sentence imposed is proportionate and just. In this case, the court found that the errors made by the sentencing judge had a significant impact on the overall sentence, leading to a manifestly excessive punishment. The court's decision highlights the importance of accurate and well-reasoned sentencing in murder cases, particularly when a guilty plea has been entered.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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