R v Ta Southammavong and Vilasone Sihavong [2002] NSWSC 854

New South Wales Supreme Court

CITATION : R v Ta Southammavong and Vilasone Sihavong [2002] NSWSC 854 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 70085/01; 70213/01 HEARING DATE(S) : 3,4,5,8,9,10,11,12,15,16,17,18,19,22,23,24,26,29, 30 April, 1,2,3,6,7,8,9,10,13,14 May 2002 JUDGMENT DATE : 19 September 2002

Regina PARTIES : Ta Southammavong Vilasone Sihavong JUDGMENT OF : Buddin J

D Frearson (Crown) COUNSEL : W Terracini SC (Offender Southammavong) J O'Loughlin (Offender Sihavong) SE O'Connor (Crown) SOLICITORS : Watsons (Offender Southammavong) Mark Klees & Associates (Offender Sihavong) CATCHWORDS : Sentence - Southammavong - found guilty of murder - intent to kill formed spontaneously - weapons taken to scene of crime - no apparent explanation for offences - not in worst category of offence - determinate sentence appropriate - further offence of malicious wounding with intent to inflict grievous bodily harm - partly cumulative sentence. Sentence - Sihavong - found not guilty of murder - guilty of malicious wounding with intent to inflict grievous bodily harm (x2) - partly cumulative sentence - finding of "special circumstances". LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act 1999 Pearce v The Queen (1998) 194 CLR 610 CASES CITED : R v Previtera (1997) 94 A Crim R 76 R v Simpson (2001) 53 NSWLR 704 DECISION : In respect of Ta Southammavong - count 5 - malicious would with intent to do grievous bodily harm -sentenced to eight years' imprisonment to date from 13 June 2000 and to expire on 12 June 2008. In respect of count 1 - murder - sentenced to nineteen years' imprisonment with a non-parole period of fourteen years. Head sentence and non-parole period will each commence on 13 June 2002 and to be served partly concurrently with and partly cumulatively upon the sentence imposed in respect count 5. Head sentence will expire on 12 June 2021 and non-parole period will expire on 12 June 2016. In respect of Vilasone Sihavong - count 5 - maliciously wound with intent to grievous bodily harm -sentenced to eight years' imprisonment to commence on 8 June 2000 and expire on 7 June 2008. in respect count 3 - maliciously wound with intent to do grievous bodily harm - sentenced to eleven years' imprisonment with a non-parole period of six and a half years. Head sentence and non-parole period will each commence on 8 June 2003 and to be served partly concurrently and partly cumulatively upon the sentence imposed in count 5. Head sentence will expire on 7 June 2014 and non-parole period will expire on 7 December 2009.