Supreme Court
New South Wales
Medium Neutral Citation: R v SHEE, Gregory John [2012] NSWSC 1422 Hearing dates: 2 November 2012 Decision date: 23 November 2012 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: The offender is convicted and sentenced to a term of imprisonment. The Court sets a non-parole period of fifteen years commencing on 7 July 2010 and ending on 6 July 2025 with an additional term of five years commencing on 7 July 2025 and ending on 6 July 2030.
Catchwords: CRIME - sentencing following verdict - murder - self defence, intoxication and provocation rejected by jury - antecedents - mainly drug-related property offences and domestic violence offences - use of weapon - mild intellectual disability - low to medium risk of re-offending - absence of remorse. Legislation Cited: Crimes Act 1900 - s 19A, s 23(2), Pt 11A
Crimes (Sentencing Procedure) Act 1999 -s 30A, s 54A, s 61(1)Cases Cited: - Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
- MAH v R [2006] NSWCCA 226
- Markarian v R [2005] HCA 25; 228 CLR 357
- Muldrock v R [2011] HCA 39; 244 CLR 120
- R v Bugmy [2011] NSWSC 357
- R v Isaacs (1997) 41 NSWLR 374
- R v Koloamatangi [2011] NSWCCA 288
- R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566
- R v Pilley (1991) 56 A Crim R 202
- R v Williams [2011] NSWSC 583
- Veen v R (No 2) [1988] HCA 14; 164 CLR 465Category: Sentence Parties: Crown (Prosecution)
Gregory Shee (Offender)Representation: Counsel:
T.W. Thorpe (Crown)
M.D. Austin (Offender)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Douglass & Ford Criminal Law (Offender)
File Number(s): 2010/227071
Judgment on sentence
On 28 May 2012 Gregory John Shee was arraigned in this Court on an indictment that charged that he did on 8 July 2010 at Macquarie Fields in the State of New South Wales murder Hoang Tang. Mr Shee pleaded not guilty.
On 14 June 2012, a jury returned a verdict of guilty to the charge of murder.
The matter was initially listed for submissions on sentence on 6 August 2012 but was adjourned until 3 November 2012 to enable access to certain medical records to be arranged.
The maximum penalty for the offence of murder is life imprisonment (s 19A Crimes Act 1900). Subsection 61(1) of the Crimes (Sentencing Procedure) Act 1999 ("the Sentencing Act") requires that I impose a life sentence if I am satisfied that the level of culpability in the commission of the offence was so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence. I address the circumstances of the offence and the various factors relevant to the sentencing of the offender below. It suffices to state at the outset that I am not satisfied that a life sentence is warranted. The…
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- AGLC
- R v Shee, Gregory John [2012] NSWSC 1422
- Case
- [2012] NSWSC 1422
- Decision Date
CaseChat Overview and Summary
The court's task was to determine an appropriate sentence in light of these factors. It had to assess the credibility of the rejected mitigating claims, evaluate the significance of the accused's criminal history, and consider the impact of his intellectual disability and risk of re-offending. The court also had to balance these factors against the gravity of the offence and the absence of remorse. The court had to ensure that the sentence was proportionate to the crime while also taking into account the personal circumstances of the accused.
The court concluded that despite the mitigating factors, the severity of the crime warranted a significant custodial sentence. The history of offending, the nature of the current offence, and the absence of remorse all pointed towards a lengthy period of incarceration. The court acknowledged the accused's intellectual disability and low to medium risk of re-offending but found that these factors did not sufficiently mitigate the gravity of the offence. The court imposed a sentence of imprisonment, reflecting both the seriousness of the crime and the need for deterrence and protection of the community.
The final orders of the court were that Gregory John Shee be detained in custody for a specified term, reflecting the considerations outlined above. The court determined that the sentence should be long enough to adequately punish the offence and deter future criminal behaviour, while also providing an opportunity for rehabilitation and reintegration into society.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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