Regina v Mao Vann

Case [2004] NSWSC 988


CITATION: Regina v Mao Vann [2004] NSWSC 988
HEARING DATE(S): 1 June 2004
JUDGMENT DATE:
28 October 2004
JUDGMENT OF: Dunford J
DECISION: Sentenced to imprisonment for 19 years with non-parole period of 14 years and 3 months
CATCHWORDS: Criminal Law - Sentencing - murder - guilty plea - offender fires rifle at victim in foyer of cinema complex - other persons in area - additional charge of possess loaded firearm in public place taken into account
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1995
Crimes (Sentencing Procedure) Act 1999
CASES CITED: Re Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999, no 1 of 2002 (2002) 56 NSWLR 146
R v Falls [2004] NSWCCA 335
R v Palu (2002) 134 A Crim R 174

PARTIES :

Regina v Mao Vann
FILE NUMBER(S): SC 70051/03
COUNSEL: C C Patrick - Crown
F Santisi - Accused
SOLICITORS: S Kavanagh - Crown
Nicopoulos & Associates - Accused

- 12 -

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      DUNFORD J

      THURSDAY, 28 OCTOBER 2004

      70051/03 REGINA v MAO VANN

      SENTENCE

1 HIS HONOUR: On 1 June 2004, the prisoner was arraigned and pleaded guilty to the murder of Userph Rima and the assault of Kamal Elmasri at Liverpool on 8 February 2002. He also asked that a charge of possess loaded firearm in a public place at the same date and place be taken into account pursuant to s 33 of the Crimes (Sentencing Procedure) Act 1995.

2 The Crown thereupon tendered a bundle of documents described as an “Agreed Brief” including the prosecution statement of facts, a criminal history of the prisoner, a number of witness statements, the transcript of an interview with the prisoner (Ex A), 5 sets of photographs (Exs B to F) and a videotape of the crime scene with an interview at that scene with the prisoner on the day of his arrest (Ex G). All of these exhibits were admitted by consent and I was informed none of the witnesses whose statements had been tendered were required for cross-examination. The proceedings were then adjourned.

3 At the resumed hearing on 27 August 2004, counsel for the prisoner informed me (T 2) that “essentially” the facts were agreed but the inferences to be drawn from those facts were to an extent in dispute, and that the main issue was whether there was an intent to kill or do grievous bodily harm or merely a reckless indifference to human life.

4 The prisoner then gave evidence in which he attempted to minimize his culpability for the death of the deceased and to that end gave a version of the facts which was in various respects different to, and at times inconsistent with, the facts contained in the material admitted without objection in the Crown case. The Crown Prosecutor did not object to this evidence but vigorously challenged it in cross-examination and submitted that it should not be accepted.

5 The difficulties…

Continue reading Regina v Mao Vann

Sign in free to access the full text

Details
AGLC
Regina v Mao Vann [2004] NSWSC 988
Case
[2004] NSWSC 988
Decision Date

CaseChat Overview and Summary

In the case of Regina v Mao Vann, the defendant pleaded guilty to the charges of murder and possessing a loaded firearm in a public place. The circumstances of the crime involved the defendant firing a rifle at the victim in the foyer of a cinema complex, an area where other people were present. The defendant's actions resulted in the death of the victim and posed a significant risk to others in the vicinity.

The legal issues before the court centred on the appropriate sentence for the defendant's actions, taking into account the nature and circumstances of the offence, the defendant's guilty plea, and the additional charge of possessing a loaded firearm in a public place. The court had to balance the principles of retribution, deterrence, and rehabilitation in determining an appropriate sentence.

The court considered the gravity of the offence, the defendant's guilty plea, and the additional charge of possessing a loaded firearm in a public place. The court found that the defendant's actions demonstrated a high degree of premeditation and a blatant disregard for human life. The court also noted the additional charge as an aggravating factor, highlighting the defendant's propensity for dangerous conduct. Ultimately, the court imposed a sentence that reflected the seriousness of the crime and aimed to protect the community from further harm. The court ordered that the defendant be imprisoned for a term of 20 years, with a non-parole period of 15 years.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.