Regina v NMTP - [2000] NSWSC 1170

CITATION: Regina v NMTP [2000] NSWSC 1170 revised - 23/02/2001

FILE NUMBER(S): SC 70023/00

HEARING DATE(S): 19/10/00, 23/10/00, 24/10/00, 25/10/00, 27/10/00, 30/10/00, 31/10/00, 01/11/00, 02/11/00, 03/11/00, 06/11/00, 07/11/00, 08/11/00, 09/11/0, 10/11/00, 13/11/00, 14/11/00, 15/11/00, 16/11/00, 17/11/00, 20/11/00, 20/12/00

JUDGMENT DATE: 20 December 2000

PARTIES :

Regina
NMTP

JUDGMENT OF: Bell J at 1

COUNSEL : Mr B Newport QC Crown
Mr J Gordon - prisoner

SOLICITORS: S E O'Connor - Crown
Clive Jeffreys & Associates - prisoner

LEGISLATION CITED: Crimes Act 1900
Criminal Procedure Act 1986
Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Crombie [1999] NSWCCA 297
R v Coleman (1990) 19 NSWLR 467
R v Fltecher-Jones (1994) 75 A Crim R 381
R v GDP (1991) 53 A Crim R 112
R v Pham (1991) 55 A Crim R 128

DECISION: Count 2 - firing a firearm in a public place - sentenced to 3 months imprisonment to date from 06/11/99. Count 3 - malicious wounding of Paul Hoa Long Dinh with intent to do him grievous bodily harm - sentenced to a term of 3 years imprisonment to date from 6/11/99. Non parole period of 18 months imposed. Count 4 - maliciously discharging a loaded arm with intent to do grievous bodily harm to Chompeay Kim - sentenced to a term of 2 years imprisonment to commence on 6 November 2000.

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
BELL J
Wednesday, 20 December, 2000

70023/00 - REGINA v N M T P

SENTENCE
1    HER HONOUR: On 30 October 2000 the prisoner, NMTP was arraigned before me on an indictment charging him with four offences arising out of an incident that occurred in John Street, Cabramatta on the evening of 6 November 1999. By the first count he was charged with the murder of Paul Hoa Long Dinh. The second count charged him with firing a firearm in a public place. The third count charged him with maliciously wounding Paul Hoa Long Dinh with intent to do him grievous bodily harm and the fourth count charged him with maliciously discharging a loaded arm with intent to do grievous bodily harm to Chompeay Kim. On 20 November 2000 the jury returned its verdicts. The prisoner was acquitted of the murder of Paul Hoa Long Dinh and convicted of the remaining three counts in the indictment.
2    On the evening of Saturday, 6 November 1999 the prisoner was one of a number of young people attending a wedding reception at the Dai Lam Son Restaurant in John Street, Cabramatta. During the course of the evening, there was some trouble between guests seated at the prisoner's table and others at an adjacent table at which a young man named Chompeay Kim was seated. Mr Kim became upset about the behaviour of some of the young men who were smoking in the presence of his nine year old sister, Linda. He remonstrated with them and there was an angry exchange.
3    Chompeay…

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 Regina v NMTP

Details

AGLC: Regina v NMTP [2000] NSWSC 1170
Case: [2000] NSWSC 1170
Decision Date: 20 December 2000

CaseChat Overview and Summary

In Regina v NMTP, the defendant was convicted of three criminal offences arising from an incident during a wedding reception in Cabramatta on 6 November 1999. The defendant was acquitted of murder but found guilty of firing a firearm in a public place, maliciously wounding Paul Hoa Long Dinh with intent to cause grievous bodily harm, and maliciously discharging a loaded firearm with intent to cause grievous bodily harm to Chompeay Kim. The legal issues before the court included determining the appropriate sentence for each offence, the relevance of the defendant's intoxication at the time of the offences, and the consideration of the defendant's age and potential for rehabilitation.

The court found that while the first shot was potentially justified as self-defense, the subsequent shots were not. The court held that the defendant's intoxication, though present, did not significantly mitigate his culpability. The court also noted the defendant's young age, lack of prior convictions, and positive background as factors supporting rehabilitation. However, the seriousness of the offences, particularly the intent to cause grievous bodily harm, necessitated custodial sentences. The court imposed concurrent sentences for the first offence and a partly cumulative sentence for the other two offences, reflecting the totality of the defendant's criminal conduct. The defendant was sentenced to three months for firing a firearm in public, three years for the wounding offence with a non-parole period of 18 months, and two years for the discharging offence with a non-parole period of 12 months, to be served in a detention centre.

Orders