Regina v Jang [1999] NSWSC 1153

New South Wales Supreme Court CITATION : Regina v Jang [1999] NSWSC 1153 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : 070062/98 HEARING DATE(S) : 18, 19, 21 October, 5 November 1999 JUDGMENT DATE : 3 December 1999

PARTIES : Regina v Soo Duck Jang JUDGMENT OF : Bell J at 1

COUNSEL : Mr D Howard (Crown) Mr H Dhanji (Prisoner) SOLICITORS : Office of the Director of Public Prosecutions (Crown) Legal Aid Commission (Prisoner) CATCHWORDS : CRIMINAL LAW & PROCEDURE; Sentencing; Murder Crimes Act 1900 ACTS CITED : Crimes Amendment (Mandatory Life Sentences) Act 1996 Sentencing Act 1989 R v Garforth (unreported, NSW CCA, 23 May 1994) CASES CITED : R v Twala (unreported, NSW CCA, 4 November 1994) R v Holyoak (unreported, NSW CCA, 1 September 1995) R v Hampton (1994) 44 NSWLR 729 DECISION : See para. 39

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

BELL J

Friday, 3 December 1999

070062/98 - REGINA v Soo Duck JANG

SENTENCE

1 HER HONOUR: On Monday, 18 October 1999 Soo Duck Jang was arraigned on an indictment charging him that (i) on 8 April 1998 at Blacktown he did murder In Ja Yoo and (ii) on the same date at Blacktown he did murder Min Kyoung Kang. He entered pleas of not guilty to both counts and a jury was empanelled. 2 Prior to any evidence being taken Mr Dhanji, who appears for the prisoner, sought a short adjournment in which to confer with his client. Thereafter when the court resumed Mr Dhanji asked to have his client re-arraigned. That was done and the prisoner entered pleas of guilty to both counts in the indictment. 3 I accepted those pleas and, pursuant to s 399A of the Crimes Act 1900, I discharged the jury from giving a verdict in the matter and recorded convictions on both counts. 4 The prisoner is aged 57. He is a Korean national. He was the husband of the deceased, In Ja Yoo, who was aged 48 at the time of her death. The two were married in Korea in October 1995. The deceased, Min Kyoung Kang, who was 27 at the time of her death, was In Ja Yoo's daughter by a previous marriage. 5 In Ja Yoo was a Korean national who had been granted permanent resident status in Australia in 1991. The prisoner was anxious to become a permanent resident of Australia also. In Ja Yoo acted as his sponsor in an application submitted to the Minister for Immigration. Subsequently she withdrew her sponsorship and refused to sign further forms necessary as part of the progress of the prisoner's application. 6 In the months preceding the killings the prisoner made repeated demands to In Ja Yoo that she sign the immigration papers. He threatened to kill her and her family should she not do so. 7 On 18 March 1998 In Ja Yoo called to see her neighbour, Ha Yu Kim. She was holding her stomach with her hands and was unable to speak for about three minutes. She appeared to be in pain and was crying. She told Ha Yu Kim that she had had an argument with the prisoner who had punched her in the stomach and said to her, "If you don't sign and cooperate with me I will kill all of your kids". Not long after this incident In Ja Yoo took an overdose of Valium and was admitted to Concord Hospital where she remained until 7 April 1998. While she was in hospital the deceased, In Ja Yoo, told her daughter, Sun Kyoung Kang, that the prisoner had been calling to the hospital almost every day, harassing her and making threats concerning the permanent residency papers. The deceased reported to her daughter that the prisoner had said if she wasn't to sign the papers he was going to kill everyone. 8 On her discharge from hospital the deceased went to live with her son, Dae Sung Kang, at his unit number 110/130 Reservoir Road, Blacktown. 9 On the evening of 7 April 1998 police served upon the prisoner an application for an apprehended violence order which had been taken out on behalf of In Ja Yoo and was returnable before the Burwood Local Court on 9 April 1998. That same evening the prisoner took a letter addressed to Dae Sung Kang to the Reservoir Road premises. In that letter he asserted that unless In Ja Yoo resolved the immigration matter he would write to the relevant authorities disclosing matters adverse to In Ja Yoo with a view to having her expelled from Australia. 10 On the morning of 8 April 1998 Sung Hee Jun, a friend of the deceased, Min Kyoung Kang, was present at the Reservoir Road premises when In Ja Yoo spoke with the prisoner by telephone. Ms Jun heard the deceased say, "I don't want to see you. Don't come around. Do whatever you want. Go and report to the Immigration". 11 At about 11.30 am on that morning the prisoner called to the Reservoir Road premises. At the time In Ja Yoo was taking a nap in an upstairs bedroom with her grandchild. The only other persons present in the home were the deceased, Min Kyoung Kang, and her friend, Sung Hee Jun. It appears that the prisoner went upstairs where he was heard to be talking with In Ja Yoo. After a little time the two came down to the lounge area. Min Kyoung Kang and Sung Hee Jun were also in this vicinity. Sung Hee Jun heard the prisoner quarrelling with In Ja Yoo over the matter of the immigration papers. During this quarrel the prisoner produced a knife. Min Kyoung Kang screamed. Sung Hee Jun saw that the prisoner had his hands around In Ja Yoo's neck. Min Kyoung Kang came to her mother's assistance taking hold of the prisoner's arm. The prisoner pushed her away causing her to fall to the floor. He was seen to make a cutting motion across the neck of In Ja Yoo. He stabbed her twice to the neck, three times in the region of the chest and three times in the region of the abdomen. She also sustained a wound to her back. Min Kyoung Kang stood up and again took hold of the prisoner's right arm. The eyewitness, Sung Hee Jun, described events in this way: "He did another cutting motion across In Ja's neck while Min Kyoung was holding on to his right arm. He cut her neck a total of three times and it was in a slow motion."