R v Kwon [2004] NSWSC 146

New South Wales Supreme Court

CITATION : R v Kwon [2004] NSWSC 146 HEARING DATE(S) : 13 February 2004 JUDGMENT DATE : 27 February 2004

JUDGMENT OF : Dowd J at 1 DECISION :

CATCHWORDS : Manslaughter - Plea of Guilty - Sentencing - Extent of Discount - Reduction of Non-Parole Period R v Wong; R v Leung [1999] 48 NSWLR 340 R v Rushby [1977] 1 NSWLR 594 at 597 R v Radich [1954] NZLR 86 R v Blacklidge, unreported, NSWCCA, 12 December 1995 CASES CITED : R v Grenenger [1999] NSWSC 380 R v Wilson [1999] NSWSC 1235 R v Risteski [1999] NSWSC 1248 R v Thompson; R v Houlton (2000) 49 NSWLR 383 R v Arnott [2001] NSWCCA 497 R v Speechley (2002) 133 A Crim R 26 PARTIES : Regina Yong Gap Kwon FILE NUMBER(S) : SC 70062/03 COUNSEL : (Crown) W. Robinson QC (Prisoner) P. Boulten SOLICITORS : (Crown) D. Kelly (Prisoner) V. Murphy

- 11 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Dowd J

Friday 27 February 2004

070062/03 - REGINA v YONG GAP KWON

SENTENCE 1 HIS HONOUR: Yong Gap Kwon stands for sentence today having entered a plea of guilty to Manslaughter. The prisoner was originally charged with murder at Burwood Local Court, but on arraignment on 6 November 2003 before this Court, the prisoner pleaded not guilty to Murder but guilty to Manslaughter, which plea the Crown accepted in full satisfaction of the indictment. He was remanded for sentence until 13 February 2004. 2 The prisoner was arrested on 14 February 2003 and granted conditional bail on that day. He did not apply for bail when submissions on sentence were taken and evidence tendered before me on 13 February 2004, and he has been remanded in custody for sentence. I have taken that into account in fixing the date for commencement of sentence.