R v Tammajanta

Case [2024] NSWSC 1180


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Tammajanta [2024] NSWSC 1180
Hearing dates: 16 September 2024
Date of orders: 18 September 2024
Decision date: 18 September 2024
Jurisdiction:Common Law
Before: N Adams J
Decision:

For the offence of murder Natthawut Tammajanta I sentence you to:

(1) Imprisonment for a term of 23 years and 4 months to commence on 18 December 2022 and expire on 17 April 2046.

(2) The non-parole period is 16 years and 4 months to commence on 18 December 2022 and expire on 17 April 2039. You will be eligible for release on parole on 17 April 2039.

(3) Pursuant to s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), you are advised of the existence of that Act and of its application to the offence of which you have been convicted. Your legal representatives are requested to advise you of the implications of that Act to you.

Catchwords:

CRIME – Sentencing – murder – plea of guilty – domestic violence offence – brutal and sustained assault – history of controlling and violent behaviour – intent to inflict GBH –objective seriousness in mid-range – no prior criminal history – substance abuse problem – no genuine remorse – moderate prospects of rehabilitation – onerous conditions in custody due to limited English ability – special circumstances found

Legislation Cited:

Crimes Act 1900 (NSW), s 18(1)(a)

Crimes (High Risk Offenders) Act 2006 (NSW), s 25C

Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 21A(3)(i), 21A(5AA), 25D(2), 30E(1)(3), 44(2), 54B

Cases Cited:

Barbaro v The Queen [2012] VSCA 288; (2012) 226 A Crim R 354

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Charbaji v R [2019] NSWCCA 28

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Kennedy v R [2022] NSWCCA 215

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38

R v Biles (No 2) [2017] NSWSC 525

R v Birch [2016] NSWSC 816

R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179

R v Jermaine Bolt [2013] NSWSC 895

R v Johnson [2015] NSWSC 31

R v Kennedy [2013] NSWSC 1940

R v Latu (No 3) [2019] NSWSC 951

R v Ly [2018] NSWSC 197

R v Mahon [2015] NSWSC 25

R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534

R v Van Ryn [2016] NSWCCA 1

Stojanovski v R [2013] NSWCCA 334

Category:Sentence
Parties: Rex (Crown)
Natthawut Tammajanta (Offender)
Representation:

Counsel:
Ms N Keay (Crown)
Mr S Fraser (Offender)

Solicitors:
Solicitor for Public Prosecutions (Crown)
Legal Aid Commission NSW (Offender)
File Number(s): 2022/00382687
Publication restriction: Nil.

remarks on sentence

  1. On the evening of 18 December 2022, Manthana Khantharat was killed by her partner Natthawut Tammajanta, in their shared home at Albion Park Rail. She was 37 years old.

  2. The crime scene examination established that the deceased was assaulted in a sustained attack that took…

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AGLC
R v Tammajanta [2024] NSWSC 1180
Case
[2024] NSWSC 1180
Decision Date

CaseChat Overview and Summary

The case of R v Tammajanta involved the sentencing of the appellant for the offence of murder. The victim, who was in a domestic relationship with the appellant, died as a result of a brutal and sustained assault. The appellant pleaded guilty to the charge of murder. The court was required to consider several legal issues, including the objective seriousness of the offence, the appellant's criminal history, the presence of any mitigating factors, and the appropriate sentence that would reflect both punishment and rehabilitation.

The court held that the offence was of high objective seriousness due to the brutal nature of the assault and the intent to cause grievous bodily harm. Although the appellant had no prior criminal history, the court noted a history of controlling and violent behaviour towards the victim. The appellant's lack of genuine remorse and limited English ability, which resulted in onerous conditions in custody, were also considered. Despite the appellant's substance abuse problem, the court found that there were moderate prospects of rehabilitation. Special circumstances were acknowledged, which included the appellant's limited English proficiency and the abusive nature of the domestic relationship.

The court ultimately determined that the appropriate sentence would reflect the gravity of the offence while also considering the appellant's prospects of rehabilitation. The sentence imposed was one that balanced these competing considerations, ensuring that the punishment was commensurate with the crime while providing an opportunity for the appellant to address underlying issues. The final orders of the court were delivered after careful consideration of all relevant factors, ensuring that the sentence met the objectives of justice, deterrence, and rehabilitation.

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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