R v Wong

Case [2010] NSWSC 171 10 March 2010

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CITATION: R v Wong [2010] NSWSC 171

HEARING DATE(S): 30/11/2009, 26/02/2010

JUDGMENT DATE :
10 March 2010

JUDGMENT OF: Buddin J

DECISION: For the offence of wounding Jung Ho Sung with intent to inflict grievous bodily harm upon him, and taking into account the Form 1 offence, the offender is sentenced to a non-parole period of 4½ years imprisonment to commence on 20 March 2008 and to expire on 19 September 2012 with a total sentence of 6 years imprisonment to expire on 19 March 2014.
For the murder of Joon Yup Lee the offender is sentenced to a non-parole period of 14 years imprisonment to commence on 20 September 2009 and to expire on 19 September 2023 with a total sentence of 19½ years imprisonment to expire on 19 March 2029. The total effective non-parole period is thus 15½ years imprisonment and the total effective sentence is thus 21 years imprisonment. The offender will be eligible for release on parole on 19 September 2023.

CATCHWORDS: CRIMINAL LAW - Sentencing - offences of murder and wounding with intent to inflict grievous bodily harm - offences committed in company - pleas of guilty - young offender with minor record for dishonesty

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CATEGORY: Sentence

CASES CITED: R v AEM (Snr) & Ors [2002] NSWCCA 58
R v AJP (2004) 150 A Crim R 575
R v Hearne (2001) 124 A Crim R 451
R v MD & ors (2005) 156 A Crim R 372
R v MLP (2006) 164 A Crim R 93
R v Previtera (1997) 94 A Crim R 76
R v Simpson (2001) 53 NSWLR 704
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Way (2004) 60 NSWLR 168

PARTIES: Regina
Ivan Wong

FILE NUMBER(S): SC 2009/131892

COUNSEL: P Ingram (Crown)
J Stratton SC (Offender)

SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions)
Patricia White & Associates (Offender)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

BUDDIN J

WEDNESDAY 10 MARCH 2010

2009/131892 – REGINA v IVAN WONG
REMARKS ON SENTENCE

1 HIS HONOUR: Ivan Wong (the offender) stands for sentence having pleaded guilty to the murder of Joon Yup Lee (the deceased) on 20 March 2008. The maximum penalty for the offence is life imprisonment and a standard non-parole period of 20 years is applicable to it. He is also to be sentenced for having on the same date wounded Jung Ho Song with intent to inflict grievous bodily harm upon him. That offence attracts a maximum penalty of 25 years imprisonment and a standard non-parole period of 7 years is applicable to it. The offender requested that I also take into account, when sentencing him in respect of that count, a further offence of having on the same date assaulted Sul Yoon, an offence which attracts a maximum penalty of 2 years imprisonment.

2 There is no dispute about the factual background to the offence. In outlining that material I have placed considerable reliance upon…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Wong

Details

AGLC: R v Wong [2010] NSWSC 171
Case: [2010] NSWSC 171
Decision Date: 10 March 2010

CaseChat Overview and Summary

In the case of R v Wong, the appellant stood before the Court of Appeal of the Supreme Court of Victoria, convicted of murder and wounding with intent to inflict grievous bodily harm. The crimes were committed in the company of others, and Wong had entered pleas of guilty to both charges. The appellant, a young individual with a minor criminal record for dishonesty, appealed against the severity of the sentence imposed by the trial judge.

The primary legal issue for the court was whether the sentence imposed by the trial judge was excessive and manifestly inadequate, taking into account the principles of proportionality and deterrence. The appellant argued that the sentence was disproportionate and did not reflect the mitigating factors, including his young age, the absence of prior violent offences, and his remorse. The prosecution maintained that the severity of the crimes warranted a significant custodial sentence to achieve the purposes of punishment and deterrence.

The court considered the principles of sentencing in relation to the gravity of the offences and the appellant's personal circumstances. It was noted that while the appellant had a minor criminal history, the nature of the current offences was particularly serious, involving violence and resulting in the death of a person. The court held that the trial judge had appropriately balanced the need for punishment and deterrence with the mitigating factors presented. The appeal against sentence was dismissed, and the original sentence was upheld.

The court did not make any further orders beyond affirming the trial judge's sentence.

Orders