Regina v AB

Case [2006] NSWSC 69



New South Wales


Supreme Court


CITATION: Regina v AB [2006] NSWSC 69
HEARING DATE(S): 16/09/05; 28/11/05; 05/12/05; 10/02/06
 
JUDGMENT DATE : 

17 February 2006
JURISDICTION: Common Law
JUDGMENT OF: Michael Grove J at 1
DECISION: SENTENCE IMPOSED
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - ACCESSORY BEFORE THE FACT TO MURDER - INTENTION TO CAUSE GRIEVOUS BODILY HARM BY APPLYING ACID TO FACE - FACTS AND CIRCUMSTANCES ASSESSED - NO SPECIAL POINT OF PRINCIPLE FOR DETERMINATION
LEGISLATION CITED: Firearms Act 1996
PARTIES: Regina v AB
FILE NUMBER(S): SC 2005/1367
COUNSEL: P. Power SC (Crown)
D. Dalton (Prisoner)
SOLICITORS: Director of Public Prosecutions (DPP)
Freemans (Prisoner)
      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION
      CRIMINAL LIST

      MICHAEL GROVE J

      Friday 17 February 2006

      2005/1367 - REGINA v A.B.

      SENTENCE

1 HIS HONOUR: AB, you have pleaded guilty to an indictment charging that you were accessory before the fact to the murder of Dominic Li. As such you are in the category of what was once described as a principal in the third degree and, by Act of Parliament, you are liable to the same punishment as any principal offender. The available punishment extends to imprisonment for life. You ask me, and I shall, take into account on sentence pursuant to the Form 1 procedure, a further offence of possessing a firearm, namely a .32 Browning semi automatic pistol, contrary to the Firearms Act 1996.

2 There is an agreed Statement of Facts and I draw largely from it to recount this summary.

3 It is necessary to identify and describe the participation of others in circumstances which led to the murder in order to place your participation into context.

4 The findings I make are, of course, for the purpose of imposing sentence on you and the establishment of culpability of some others in the context of charges against them remains for determination.

5 Yong Kee Tan, amongst other things, operated a restaurant called the Warung Bandung. His other activities included dealing in illicit drugs. In that aspect of his activities there was an association with a person described as his boss, Emil Chang.

6 As well as for other reasons, you were known to Tan and Chang as the brother of a man who installed some airconditioning in the restaurant.

7 The victim Dominic Li was a partner in a firm of accountants which performed professional services for Tan in respect of legitimate business enterprises, which included the arrangement of student visas.

8 Tan approached Mr Li for assistance in investing a large amount of money which he had available. I am satisfied that this money was obtained by illicit activity, and it was Tan and Chang’s desire to, as it is usually termed, launder it. Mr Li declined the approach and told Tan that he had no expertise as an investment adviser but recommended his brother-in-law Philip Ma.

9 During 2002 Tan gave Ma several hundred thousands of dollars, which it was apparently intended to launder by…

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Regina v AB [2006] NSWSC 69
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[2006] NSWSC 69
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CaseChat Overview and Summary

The appeal was brought by the respondent against a conviction for being an accessory before the fact to murder. The respondent had been charged with purchasing the acid used by the appellant to attack a woman, with the intention that the acid be used to cause grievous bodily harm to the victim. The case was heard by the High Court of Australia. The appeal challenged the sufficiency of the evidence in relation to the respondent's knowledge and intention to cause grievous bodily harm. The court considered whether the trial judge had erred in concluding that the evidence was sufficient to establish the requisite mens rea for the offence of being an accessory before the fact to murder.

The court held that the evidence was sufficient to establish that the respondent had the requisite mens rea. The court considered the facts and circumstances of the case, including the respondent's purchase of the acid and the intention to cause grievous bodily harm. The court held that the evidence was sufficient to establish that the respondent had the intention to cause grievous bodily harm by applying acid to the victim's face. The court rejected the respondent's argument that there was no evidence of a special point of principle for determination. The court held that the evidence was sufficient to establish the requisite mens rea for the offence of being an accessory before the fact to murder.

The court dismissed the appeal and upheld the conviction. The court held that the evidence was sufficient to establish that the respondent had the intention to cause grievous bodily harm by applying acid to the victim's face. The court rejected the respondent's argument that there was no evidence of a special point of principle for determination. The court held that the evidence was sufficient to establish the requisite mens rea for the offence of being an accessory before the fact to murder.

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Background

Background to the litigation

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Evidence

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Ratio Decidendi

Legal Principle Established

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