CITATION: R v Sang Jin Park [2008] NSWDC 234 HEARING DATE(S): 17/10/08
JUDGMENT DATE:
17 October 2008JURISDICTION: Criminal JUDGMENT OF: Knox SC DCJ DECISION: In relation to count 1 the offender is sentenced to a term of 18 years imprisonment commencing on and from 4 January 2007 and expiring on 3 January 2025, with a non-parole period of 12 years commencing on and from 4 January 2007 and expiring on 3 January 2019.
In relation to count 3 the offender is sentenced to a term of 2 years imprisonment commencing on and from 4 January 2007 and expiring on 3 January 2009, with a non-parole period of 16 months commencing on and from 4 January 2007 and expiring on 3 May 2008.
That sentence is to be served concurrently with the sentence in relation to count 1.
I dismiss the back-up charge of maliciously damage property by fire – H29203968 – sequence 3.
In relation to the three related offences, namely:-
a) H29203968 – sequence 4 – Resist officer in execution of duty, six months imprisonment to be served concurrently to commence on 4 January, 2007 and expire on 3 July, 2007;
b) H29203968 – sequence 5 – Maliciously destroy property; one months imprisonment to be served concurrently to commence on 4 January, 2007 and expire on 3 February, 2007;
c) H29203968 – sequence 6 – Intimidate with intent to cause fear of physical/mental harm - is dismissed.CATCHWORDS: Attempt to set fire with intent to murder - Malicioiusly damage by fire with intent to cause bodily harm - Victim wife of the offender - Prevention of escape - Intervention by police - No psychiatric condition or defect of reasoning - Depressive episode - Significant planning and premeditation - Considerable degree of force - Offence occurred in victim's home - Domestic background - Offence committed without regard for public safety - No prior convictions - Little remorse - Limited degree of mitigation of the penalty - Above mid-range, below high range of criminality - Standard non-parole period - Special circumstances - No evidence of likelihood of deportation LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999CASES CITED: Benitez v R [2006] NSWCCA 21
in R v Fahda [1999] NSWCCA 267
R v Letteri (unreported, NSWCCA, 18 March 1992)
R v Engert (1995) 84 A Crim R 67
R v Scognamiglio (1991) 56 A Crim R 81
R v Champion (1992) 64 A Crim R 244
R v Wright (1997) 93 A Crim R 48
R v Macadam-Kellie [2001] NSWCCA 170
The Queen v Elphick [2000] NSWSC 977
The Queen v. Cheung (CCA, unreported 11 December 1995)
Rae [2001] NSWCCA 545
Yun v R [2008] NSW CCA 114
R v Way [2004] 60 NSWLR 168
R v Pillay [2006] NSWCCA 402
Maxwell v R [2007] NSWCCA 304
R v Kama (2000) 110 A Crim R 47; [2000] NSWCCA 23
R v Kaliti (2001) 34 MVR 160; [2001] NSWCCA 268
Philipos [2008] NSWCCA 66
R v Merrin…
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- AGLC
- R v Sang Jin Park [2008] NSWDC 234
- Case
- [2008] NSWDC 234
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address included the assessment of the severity and intent behind the offences, the degree of premeditation, and the appropriate penalty considering the mitigating and aggravating factors. The court had to balance the gravity of the crimes against the lack of remorse and prior criminal history. The key consideration was the degree of force and planning involved, which indicated a high level of criminality, and the lack of any substantial mitigating factors apart from the depressive episode. The court also had to determine the non-parole periods for the sentences to ensure public safety and deterrence.
In delivering the judgment, the court acknowledged the significant planning and premeditation involved in the offences, placing the criminality above mid-range but below high range. The court sentenced Sang Jin Park to 18 years imprisonment for the attempt to murder, with a non-parole period of 12 years, and an additional 2 years for resisting police, to be served concurrently. The court dismissed other related charges due to insufficient evidence or concurrent sentencing. The final orders reflect the severity of the crimes, the lack of remorse, and the need for public protection.
Orders
Orders of the court
In relation to count 1 the offender is sentenced to a term of 18 years imprisonment commencing on and from 4 January 2007 and expiring on 3 January 2025, with a non-parole period of 12 years commencing on and from 4 January 2007 and expiring on 3 January 2019. In relation to count 3 the offender is sentenced to a term of 2 years imprisonment commencing on and from 4 January 2007 and expiring on 3 January 2009, with a non-parole period of 16 months commencing on and from 4 January 2007 and expiring on 3 May 2008. That sentence is to be served concurrently with the sentence in relation to count 1. I dismiss the back-up charge of maliciously damage property by fire - H29203968 - sequence 3. In relation to the three related offences, namely:- a) H29203968 - sequence 4 - Resist officer in execution of duty, six months imprisonment to be served concurrently to commence on 4 January, 2007 and expire on 3 July, 2007; b) H29203968 - sequence 5 - Maliciously destroy property; one months imprisonment to be served concurrently to commence on 4 January, 2007 and expire on 3 February, 2007; c) H29203968 - sequence 6 - Intimidate with intent to cause fear of physical/mental harm - is dismissed.
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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