CITATION: Regina v Lo [2003] NSWCCA 313 HEARING DATE(S): 27/10/03 JUDGMENT DATE:
31 October 2003JUDGMENT OF: Spigelman CJ at 1; O'Keefe J at 2; Greg James J at 46 DECISION: 1. Leave to appeal granted; 2. Appeal dismissed. CATCHWORDS: Appeal - Leave to appeal - Sentence - Murder - Conspiracy to murder - Contract killing - No error if words of s 61 of Crimes (Sentencing Procedure) Act 1999 not used - Plea of guilty - discount - Notion of percentage discount on an indeterminate sentence not meaningful - Reduction of indeterminate sentence to sentence for term of years - Assistance to authorities - discount - Motive not necessary factor for discount for assistance - Effect of verbal formulae "take into account" and "must consider" - Double dipping LEGISLATION CITED: Crimes Act 1900: ss 19A(1), 26
Crimes (Sentencing Procedure) Act 1999: ss 21(1), 21A, 22, 23, 61
Criminal Appeal Act 1912: s 6
Criminal Procedure Act 1986: s 32CASES CITED: Dinsdale v The Queen (2000) 202 CLR 321
House v The King (1936) 55 CLR 499
Regina v Cartwright (1989) 17 NSWLR 243
Regina v Rose [1999] NSWCCA 327
Regina v Simpson (2001) 53 NSWLR 704
Regina v Thomson; Regina v Houlton (2000) 49 NSWLR 383PARTIES :
Regina
Wai Hung LoFILE NUMBER(S): CCA 60500/00 COUNSEL: Applicant - T Game SC
Respondent - P IngramSOLICITORS: Applicant - J Leary
Respondent - C K Smith
LOWER COURTJURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S): 70009/00 LOWER COURT
JUDICIAL OFFICER :Barr J
- 60500/00
- O’KEEFE J
31 October 2003GREG JAMES J
1 Spigelman CJ: I agree with O’Keefe J.
2 O’Keefe J:
Introduction
3 Wai Hung Lo (the applicant) has applied for leave to appeal against sentences imposed on him in the Supreme Court on 21 July 2000. He had pleaded guilty to having murdered Albert Brikha (Brikha) on 20 February 1998, the maximum penalty for which offence is imprisonment for life (Crimes Act 1900 s 19A (1)). He had also pleaded guilty to having conspired with Toufic Zreika (Zreika) and Hesham Turkmani (Turkmani) to murder Raphael Bessounian (Bessounian) on 25 March 1998. The maximum penalty for this offence is imprisonment for 25 years (Crimes Act 1900 s 26). Twelve other offences that were included on a Schedule (Form 1) under the Criminal Procedure Act 1986 were taken into account pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. The offences involved the supply of various illicit drugs as well as a number of firearms offences, the most serious of which was the possession of a pump-action shotgun. The sentences imposed on the applicant were:
(i) In respect of the conviction for conspiracy to murder – a fixed term of 18 years imprisonment to commence on 7 April 1999 and expire on 6 April 2017;
(ii) In respect of the conviction for murder – 32 years imprisonment commencing on 7 April 2003 with…
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- R v Lo [2003] NSWCCA 313
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- [2003] NSWCCA 313
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