Regina v Ton - [2000] NSWSC 1023

CITATION: REGINA v TON [2000] NSWSC 1023 revised - 8/11/2000

CURRENT JURISDICTION: Common Law

FILE NUMBER(S): SC 70075/99

HEARING DATE(S): 15 May 2000

JUDGMENT DATE: 3 November 2000

PARTIES :

Regina
v
Nhat Thang Ton

JUDGMENT OF: Adams J at 1

COUNSEL : Mr R Hulme (Crown)
Mr P Byrne SC with Mr P O'Donnell (Offender)

SOLICITORS: S E O'Connor (Crown)
Paul Wiggins (Offender)

CATCHWORDS: Sentence - murder - stabbing to avoid apprehension - plea of guilty - young offender - first offence

LEGISLATION CITED: Sentencing Act 1989
Crimes (Sentencing Procedure) Act 1999
Crimes (Administration of Sentences) Act 1999

CASES CITED: R v Previtera (1997) A Crim R 76
Veen v The Queen ( No 2) (1988) 164 CLR 465
R v Hearne [1999] NSWSC 605
Nguyen, unreported NSWCCA 14 April 1994
Tran, unreported,[1999] NSWCCA 109
R v Petroff (unreported, NSWSC 12 November 1991
R v Crump (unreported, NSWCCA, 30 May 1993)
Siganto v The Queen (1998) 194 CLR 656
R v Winchester[1992] 58 A Crim R 345
R v Thompson; R v Houlton [2000] NSWCCA 309

DECISION: You are sentenced to a term of twenty-two years' imprisonment. I set a non-parole period of fourteen years. The earliest date upon which you will be eligible for release on parole is 26 April 2013.

THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

ADAMS J

FRIDAY 3 NOVEMBER 2000

70075/99

REGINA v NHAT THANG TON

JUDGMENT ON SENTENCE

1 HIS HONOUR: On 4 February 2000 the offender, Nhat Thang Ton, pleaded guilty to the charge of murdering John Lawrence Hammond on 25 April 1999 at Sydney. On both prosecution and defence cases, the relevant intent was to cause grievous bodily harm. Mr Hammond died as a result of two stab wounds to the left side of the chest, one of which damaged a major pulmonary vein. It is likely he died as a result of blood loss. The objective circumstances of the crime are very serious. 2 At about 8.55 pm on 25 April 1999, a Ms Kaskardi, a nineteen year old student, set out from her apartment in Elizabeth Street to meet with some friends at a restaurant in George Street. On the way, she withdrew some money from an automatic teller machine at a bank in Castlereagh Street, between Liverpool and Bathurst Streets. She placed the money in her wallet which she put in her handbag that hung from her shoulder by a strap. As she commenced to walk down Castlereagh Street towards Liverpool Street she felt her handbag being pulled off her shoulder from behind. She turned and saw two men, one of whom (Hung Duc Dang) was pulling her handbag with both his hands. The other man was the offender. Ms Kaskardi held onto the bag but the strap broke and she fell to the ground. The two men then ran off in Castlereagh Street towards Bathurst Street. Ms Kaskardi removed her shoes and gave chase, calling for help as she did so. 3 The…

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 Ton

Details

AGLC: Regina v Ton [2000] NSWSC 1023
Case: [2000] NSWSC 1023
Decision Date: 3 November 2000

CaseChat Overview and Summary

In the case of Regina v Ton, the defendant pleaded guilty to the charge of murder, which occurred during an attempted apprehension for an earlier offence. The court had to determine an appropriate sentence for the defendant, who was a young offender committing his first serious crime. The court was presented with a plea of guilty for the murder charge, which involved a stabbing incident that took place to avoid apprehension.

The primary legal issues for the court to decide were the appropriate sentencing principles to apply and the specific sentence to impose, given the defendant's age, the nature of the offence, and the mitigating factors presented. The court had to balance the gravity of the offence against the defendant's youth and the fact that this was his first serious crime. The court also considered the circumstances of the offence, including the fact that the stabbing occurred during an attempt to evade apprehension, and whether this warranted any specific sentencing consideration.

The court, after considering the legal principles and the facts of the case, determined that while the offence was grave, the defendant's age and the fact that it was his first serious crime warranted a degree of leniency. The court recognised the need to deter such behaviour while also providing an opportunity for rehabilitation. The sentence imposed reflected these considerations, with the court ultimately deciding on a specific term of imprisonment that balanced punishment and rehabilitation. The court emphasised the importance of the defendant's potential for reform and the need to provide a clear message against such violent behaviour.

Orders