Regina v Thang Quoc Luong - [2000] NSWSC 505

CITATION: Regina v Thang Quoc LUONG [2000] NSWSC 505

FILE NUMBER(S): SC 70035/99

HEARING DATE(S): 15/05/2000 to 19/05/2000

JUDGMENT DATE: 8 June 2000

PARTIES :

Regina
Thang Quoc LUONG

JUDGMENT OF: Sully J

COUNSEL : T. Hoyle SC - Crown
A. Webb - Defence

SOLICITORS: D.P.P. - Crown
Legal Aid - Defence

LEGISLATION CITED: Reg v MacDonald (unreported: CCA (NSW), 12 December 1995)
Reg v Gordon (1994) 71 A Crim R 459

CASES CITED: Crimes (Sentencing Procedure) Act 1999
Children (Community Service Orders) Act 1987

DECISION: Sentence of imprisonment for 4 years, with non-parole period of 2 years. The sentence and non-parole period are taken to have commenced on 16 May 2000. The earliest day eligible for parole is 15 May 2002

SUPREME COURT OF
NEW SOUTH WALES
CRIMINAL DIVISION

SULLY J

Thursday 8 June 2000

70035/99 - REGINA v Thang Quoc LUONG

ON SENTENCE

1 HIS HONOUR: On 15 May 2000 the prisoner was presented in this Court for trial upon an indictment charging him with the manslaughter, on 13 December 1966 at Cabramatta, of one Jenny Liu. The prisoner pleaded not guilty and he was put, accordingly, upon trial by jury. On 19 May the jury found the prisoner guilty as charged. He was remanded in custody to 26 May, and a pre-sentence report was ordered. On 26 May the Court heard some brief evidence, and the submissions of counsel, in connection with sentence. The prisoner was remanded thereupon until today for the passing of sentence. 2 The material facts are as follows. 3 On 13 December 1996 the prisoner, then a high school student at the end of his Year 10, hosted at his family home a party for a number of school friends. In all about a dozen people attended the party, arriving at various times before lunch-time. One of the guests was Jenny Liu, a close school friend of the prisoner. 4 At the time, the prisoner owned a sawn-off rifle and at least one round of live ammunition. The weapon and ammunition were normally concealed in a space beneath the prisoner’s study desk. The prisoner told the investigating police that he had owned the weapon and the ammunition for about a month; that he had bought them for $70 from “a man, a junkie, out in Cabramatta”; and that his motive for acquiring the weapon and ammunition had been self-protection against “all the bad guy”. 5 The prisoner did not give evidence at his trial, and so his version of what led up to the death of Miss Liu has to be gleaned from an electronically recorded interview of the prisoner by the investigating police. 6 It appears from that interview that, during the course of the party, the prisoner disclosed to some of his friends that he had this particular weapon. Some of the friends asked, naturally enough, to see the weapon, and the prisoner duly produced it for their inspection. At a time about 10 minutes after the production of…

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: [2000] NSWSC 505
Decision Date: 8 June 2000

CaseChat Overview and Summary

In Regina v Thang Quoc Luong, the defendant was convicted of manslaughter for the death of Jenny Liu, which occurred when he negligently discharged a sawn-off rifle he had at a party. The Supreme Court of New South Wales, Criminal Division, was required to determine an appropriate sentence under the Crimes (Sentencing Procedure) Act 1999. The court considered various sentencing options, including community service orders, good behaviour bonds, and orders deferring the passing of sentence. However, the court ruled that a formal conviction was necessary due to the gravity of the offence, and that imprisonment was the only appropriate penalty. The court considered the defendant's age, lack of criminal antecedents, remorse, and cultural background, but ultimately determined that a sentence of imprisonment was necessary to properly denounce the unlawful taking of a human life.

The court sentenced the defendant to four years imprisonment, with a non-parole period of two years, to commence on 16 May 2000. The court also recommended that the defendant be classified and imprisoned in a manner that minimised exposure to hardened criminals, provided reasonable access to his family and those who could communicate with him, and afforded opportunities for studying and vocational training. The court emphasised the importance of protecting human life and personal safety, and the need for a proper sense of the objective gravity of the offence.

Orders