New South Wales
Supreme Court
CITATION: REGINA v TIWARY [2006] NSWSC 1156 HEARING DATE(S): 15/5/06-19/5/06, 22/5/06-24/5/06, 29/5/06-31/5/06, 1/6/06-3/6/06, 6/6/06-9/6/06, 13/6/06-20/6/06, 3/8/06
JUDGMENT DATE :
6 November 2006JURISDICTION: Common Law JUDGMENT OF: Adams J at 1 DECISION: On the first count of the indictment in respect of the murder of Chow Lyang Tay, the offender is sentenced to a term of twenty-five years’ imprisonment commencing on 28 May 2004.; On the second count of the indictment, in respect of the murder of Poh Chuan Tan, the offender is sentenced to life imprisonment commencing on 28 May 2004. CATCHWORDS: Sentence - murder - two victims - motive to remove witness - life sentence LEGISLATION CITED: Crimes (Administration of Sentencing) Act 1999 s135
Crimes (Sentencing Procedure) Act 1999 s 61(1)CASES CITED: R v Harris (2000) 50 NSWLR 409; (2001) 121 A Crim R 342
R v Merritt (2000) NSWLR 557PARTIES: Regina v Ram Puneet TIWARY (Offender) FILE NUMBER(S): SC 2005/1899 COUNSEL: Mr T Hoyle SC (Crown)
Mr Peter Doyle (Offender)SOLICITORS: S J Kavanagh (Crown)
Andrew Miller & Associates (Offender)
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTADAMS J
6 NOVEMBER 2006
JUDGMENT2005/1899 REGINA v Ram Puneet TIWARY
1 ADAMS J:
On 20 June 2006 the offender was found guilty by a jury of the murders of Chow Lyang Tay and Poh Chuan Tan on 15 September 2003 at Kingsford. The deceased men were murdered at the home which they shared with the offender, Mr Tay being killed first and Mr Tan being killed some two hours or so later.
Introduction
2 The three occupants of the premises, namely the offender and the two victims, were citizens of Singapore living in Australia and studying at the University of New South Wales. The two deceased were studying electrical engineering and were in their final year. They were in their early to mid-twenties, as was the offender. The offender was studying on a scholarship from the Singapore Armed Services, of which he was a serving member. Both Mr Tan and Mr Tay were achieving good results in their studies. The offender was having less success in that regard.
The circumstances of the crimes
3 Shortly after 2 pm on Monday 15 September 2003 a “OOO” call was made from the premises by the offender requesting ambulance and police assistance because his flatmates, he said, had been murdered. It is unnecessary to detail the contents of that call. Although it must be accepted that what the offender said about what happened was a fabrication, I do not doubt that he was very emotionally disturbed by what had happened. In substance, the offender claimed he was in his bedroom at the time that the killings occurred.
4 About fifteen minutes later police and ambulance arrived at the premises. The offender was outside the front of the premises. He was questioned by police though, at this stage, as a witness rather than as a suspect. When police…
Continue reading Regina v Tiwary
Sign in free to access the full text
- AGLC
- Regina v TIWARY [2006] NSWSC 1156
- Case
- [2006] NSWSC 1156
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive, taking into account all relevant considerations. The appellant's counsel submitted that the sentence should be reduced due to the appellant's age, background, and remorse. The Crown argued that the sentence was appropriate given the heinous nature of the crimes and the need to protect the community.
The Court of Appeal considered the nature and circumstances of the offences, the appellant's background, and the need to protect the community. The court held that while the appellant's age and background were mitigating factors, the gravity of the crimes and the need to protect the community were paramount. The court found that the sentence imposed was not manifestly excessive and dismissed the appeal. The appellant's sentence of two terms of life imprisonment, with a non-parole period of 36 years, was affirmed.
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.