NSW Caselaw
New South Wales Supreme Court
CITATION : REGINA v PAK LUN CHAN [2002] NSWSC 544 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC 70002/00 HEARING DATE(S) : 18.3.02, 19.3.02, 20.3.02, 21.3.02, 25.3.02, 26.3.02, 27.3.02, 28.3.02, 2.4.02, 10.4.02 JUDGMENT DATE : 20 June 2002
PARTIES : Regina Pak Lun CHAN JUDGMENT OF : Ireland AJ
COUNSEL : P Lynch - Crown C Davenport - Offender SOLICITORS : S E O'Connor - Crown Hovan & Co - Offender CATCHWORDS : Sentence for murder - S 23A Crimes Act 1900 - Defence of substantial impairment by abnormality of mind so substantial as to warrant liability for murder being reduced to manlaughter unsuccessful - Finding on sentence that the offender had a substantial impairment by abnormality of mind although not so substantial as to warrant liability for murder being reduced to manslaughter, not inconsistent with jury verdict. - Offender's status as nonresident resulting in likely deportation upon release to parole, not a factor which operates to deprive him off variation of statutory ratio to increase period of parole under s 44(2) of Crimes (Sentencing Procedure) Act 1999. Crimes Act 1900 LEGISLATION CITED : Sentencing Act 1989 Crimes (Sentencing Procedure) Act 1999 Veen v The Queen (No.2) (1987-1988) 164 CLR 456 at 476 Ninus Scognamiglio (1991) 56 A Crim R 81 CASES CITED : Smith (1985) 75 WN (NSW) 198 Kocan (1966) 2 NSWR 565 Anderson (1981) VR 155; (1980) 2 A Crim R 379 DECISION : see paragraph 52/53
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL list
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