Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Do (No. 4) [2015] NSWSC 512 Hearing dates: 23 – 27 February 2015; 2 - 6 March 2015; 9 - 10 March 2015; 12 -13 March 2015; 16 – 18 March 2015; 2 April 2015 Date of orders: 08 May 2015 Decision date: 08 May 2015 Jurisdiction: Common Law - Criminal Before: Davies J Decision: The offender is sentenced to a non-parole period of 16 years commencing 20 September 2012 and expiring 19 September 2028 with an additional term of 7 years expiring 19 September 2035.
The offence is to be recorded on the offender’s criminal record as a domestic violence offence pursuant to s 12(2) of the Crimes (Domestic and Personal) Violence Act 2007 (NSW).Catchwords: CRIMINAL LAW – murder – sentence – wife murdered by husband – no planning – sudden loss of control – brutal and sustained attack involving at least one weapon – husband a foreign national – socially isolated individual – limited English – older offender - attempted suicide after killing – whether remorseful – prior good character -Victim Impact Statements – whether should be taken -into account – whether special circumstances Legislation Cited: Crimes (Domestic and Personal) Violence Act 2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)Cases Cited: Asplund v R [2014] NSWCCA 237
Goebel-McGregor v R [2006] NSWCCA 390
Hiron v R [2007] NSWCCA 336
R v Hines (No 3) [2014] NSWSC 1273
R v Huang [2000] NSWCCA 238; (2000) 113 A Crim R 386
R v Pluis [2015] NSWSC 320
Thi Lan Nguyen v R [2009] NSWCCA 181Category: Principal judgment Parties: Crown
Tony Thao Do (Defendant)Representation: Counsel:
Solicitors:
N Noman SC (Crown)
C Smith SC and B O’Reilly (Defendant)
File Number(s): 2012/294022
REMARKS ON SENTENCE
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On 18 March 2015 the offender was found guilty by a jury of murdering Kim Lien Huyhn on 13 September 2012 in her home at 4 Alick Street, Cabramatta. He stands now to be sentenced for that offence.
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The maximum sentence for murder is life imprisonment and there is a standard non-parole period of 20 years imprisonment.
The facts
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I find the following facts. Those facts which are found against the offender have been found by me beyond reasonable doubt and those in his favour on the balance of probabilities. It is my obligation to make findings of fact consistent with the verdict of the jury.
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The offender was born on 1 March 1954. He was 58 years of age at the time of the offending and is now aged 61. He was born and raised in Vietnam and schooled to year 9 level.
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He married in Vietnam and two children were born there. At some time he fled to the United States of America as a result of his involvement in the Vietnam war. Four further children were born in the United States and all six children were raised by the offender and his former wife.
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The offender was examined…
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- AGLC
- R v Do (No 4) [2015] NSWSC 512
- Case
- [2015] NSWSC 512
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate weight to be given to various factors in determining the sentence, including Do's lack of planning, his sudden loss of control, the brutal and sustained nature of the attack, his social isolation, his limited English proficiency, his age, his attempted suicide post-offence, and the question of whether he was remorseful. Additionally, the court had to consider whether the Victim Impact Statements should be taken into account and whether there were any special circumstances warranting a departure from the general sentencing principles.
In reaching its decision, the court considered the totality of the circumstances surrounding the offence and the offender. It found that Do's lack of planning and sudden loss of control, along with the brutal and sustained nature of the attack, were significant factors to be taken into account. The court also considered Do's social isolation, limited English proficiency, and age as mitigating factors. The court was satisfied that Do had shown remorse, which was a further mitigating factor. The court determined that the Victim Impact Statements were relevant and should be taken into account, as they provided valuable insights into the impact of the crime on the victims and their families. Ultimately, the court concluded that special circumstances did exist that warranted a departure from the general sentencing principles, and the sentence was reviewed and varied accordingly.
The final orders of the court were that the sentence previously imposed on Do be varied to reflect the considerations outlined above, and that the new sentence be determined by the lower courts, taking into account the factors and principles discussed by the High Court.
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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