Regina v Ng, Regina v Lew - [2003] NSWSC 781

CITATION: REGINA v NG, REGINA v LEW [2003] NSWSC 781 revised - 2/09/2003

HEARING DATE(S): 25/5/03 - 28/5/03, 2/6/03 - 5/6/03, 10/6/03 - 13/6/03, 16/6/03 - 20/6/03

JUDGMENT DATE:
20 August 2003

JURISDICTION:
Common Law

JUDGMENT OF: Adams J at 1

DECISION: David Ng: Sentenced on the charge of armed robbery to a fixed term of seven years' imprisonment to commence on 6 July 2001 and expire on 5 July 2008. In respect of the crime of murder you are sentenced to a term of thirty-five years' imprisonment to commence on 6 July 2003 and expire on 5 July 2038. The overall sentence is therefore thirty-seven years. I impose a non-parole period of twenty-seven years and nine months. The earliest date upon which you will be eligible for parole is 5 April 2029; Teck Lee Lew: For the crime of being an accessory before the fact to attempted robbery you are sentenced to a fixed term of imprisonment of three years commencing 5 July 2001 and ending on 4 July 2004. In respect of the offence of being an accessory before the fact to the crime of robbery with an offensive weapon, you are senenced to a fixed term of imprisonment of five years commencing on 5 July 2002 and expiring on 4 July 2007. In respect of the crime of being an accessory before the fact to murder, you are sentenced to a term of imprisonment of fourteen years commencing on 5 July 2002 and expiring on 4 July 2016. The overall sentence is therefore fifteen years. I impose a non-parole period of twelve years. The earliest date upon which you will be eligible for release is 4 July 2013.

CATCHWORDS: Criminal law - sentence - murder - accessory before the fact - robbery - level of culpability - plea of guilty for one offender - parity of sentence - Victim Impact Statement - sentencing principles

LEGISLATION CITED: ss 22, 23 & 44 Crimes (Sentencing Procedure) Act 1989

PARTIES :
Regina v David Ng
Regina v Teck Lee Lew

FILE NUMBER(S): SC 70238/02; 70116/02

COUNSEL: Mr P Barrett (Crown)
Mr M McColm (Ng)
Mr M Higgins (Lew)

SOLICITORS: S E O'Connor (Crown)
Mark Klees & Associates (Ng)
Hartmann & Associates (Lew)

THE SUPREME COURT

OF NEW SOUTH WALES

COMMON LAW DIVISION

CRIMINAL JURISDICTION

ADAMS J

WEDNESDAY 20 AUGUST 2003

070116/02 - REGINA v TECK LEE LEW
070238/02 - REGINA v DAVID NG

JUDGMENT ON SENTENCE

1 HIS HONOUR: On 20 June 2003 David Ng was found by a jury following his trial to be guilty of the murder of Nigel Stiffe on 22 May 2001 at the Haymarket. He was also convicted of the robbery of Mr Stiffe on the same occasion when armed with a dangerous weapon. Teck Lee Lew was also convicted on his joint trial with Ng, with being an accessory before the fact in Mr Stiffe’s murder by Ng and one Wai Kit Lo. Lew pleaded guilty to being an accessory before the fact to…

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.

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Details

Case: [2003] NSWSC 781
Decision Date: 20 August 2003

CaseChat Overview and Summary

In the case of Regina v Ng and Regina v Lew, two offenders were convicted of their involvement in a robbery during which a fatal shooting occurred. The offenders, Ng and Lew, were before the court to be sentenced. Ng pleaded guilty to being an accessory before the fact to murder, while Lew pleaded guilty to robbery with intent to murder. The primary legal issues before the court were the appropriate level of culpability for each offender, the parity of their sentences, and the consideration of a Victim Impact Statement in determining the sentence.

The court had to balance the culpability of the offenders in the fatal outcome against the fact that one offender had pleaded guilty, potentially mitigating their sentence. The court considered the roles of each offender in the crime and the principle of parity in sentencing, ensuring that the sentences reflected the respective levels of culpability. Additionally, the court examined the Victim Impact Statement to understand the impact of the crime on the victim's family and to inform the sentencing decision.

The court found that Ng's level of culpability was less than that of Lew, primarily because Ng had not directly participated in the shooting but had facilitated the crime. Despite this, the court recognised that Ng's role was significant and contributed to the tragic outcome. The court decided that while a degree of parity was necessary, the differences in culpability warranted a variance in the sentences. The court ultimately sentenced Ng to a term of imprisonment reflecting his reduced culpability but still imposing a significant penalty for his involvement. Lew, who had a higher level of culpability, received a harsher sentence, aligning more closely with the severity of his direct involvement in the crime.

Orders