Regina v Tuan Duc THAI [2004] NSWSC 1204

New South Wales Supreme Court

CITATION : Regina v Tuan Duc THAI [2004] NSWSC 1204 HEARING DATE(S) : 1/11/04, 13/12/04 JUDGMENT DATE : 13 December 2004

JUDGMENT OF : Bell J at 1 DECISION : Tuan Duc Thai convicted of the offence to which he pleaded guilty on 1/11/04; Pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 Tuan Duc Thai is to enter into a good behaviour bond for twelve months from today's date

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED : R v Thomson (2000) 49 NSWLR 383 PARTIES : Regina Tuan Duc THAI (Accused) FILE NUMBER(S) : SC 2003/74 COUNSEL : L. Lungo (Crown) P. Bodor QC (Accused) S Kavanagh SOLICITORS : Klees & Associates (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Monday 13 December 2004

2003/74 REGINA v Tuan Duc THAI

JUDGMENT 1 BELL J: The offender, Tuan Duc Thai, appears for sentence having pleaded guilty before me to an indictment charging him that between 8 and 16 February 2002 knowing that Mao Vann had committed the offence of murder and knowing that he had information which might be of material assistance in securing the apprehension of Mao Vann for that offence, without reasonable excuse, failed to bring that attention to a member of the police force. The offence is created by s 316 of the Crimes Act 1900. 2 The facts upon which I am to sentence the offender are agreed. On the evening of Friday 8 February 2002 a sixteen year-old boy, Userph Rima, attended the Westfield Liverpool cinema with friends. Also present at the cinema and seated in front of Userph Rima was a man named Robert Ly. During the course of the movie Ly dropped his mobile telephone. He came to believe that Userph Rima had taken it. Ly left the cinema and contacted his sister, Rebecca, who later arrived at the cinema with her boyfriend, Mao Vann. Vann had obtained an SKS self-loading shortened rifle which he carried with him to the cinema. 3 Ly and Vann arrived at the cinema car park. Vann approached the entrance of the cinema from the car park carrying the rifle. He walked past the offender who was standing in the car park. The offender knew both Vann and Ly. Vann walked into the cinema area where he aimed and fired the self-loading rifle at Userph Rima. Rima was wounded in the upper chest and died shortly thereafter. 4 The offender was not present at any time inside the cinema complex. 5 Following the shooting Vann ran out to the car park, past the offender. He was still carrying the rifle. He left the area in Ly's vehicle. The offender also left the car park shortly after in his vehicle. 6 The shooting received widespread media coverage throughout Sydney on that night and over the next few days. 7 A witness provided the police with the registration numbers of a number of vehicles that had left the car park shortly after the shooting. Further investigations led to the arrest and charging of Mao Vann for the murder of Userph Rima. Vann has since been convicted and sentenced for this offence. 8 Between the time of the shooting and the arrest of Mao Vann the offender took no steps to bring to the attention of the police the information in his possession concerning Mao Vann's involvement in the shooting. This is the basis of his liability for the offence. 9 The offender was arrested on 18 February 2002. He was charged with murder. He was refused bail and remained in custody for a period of five months until his release on bail on 16 July 2002. His bail conditions were onerous and required him to abide by a curfew between 6:00 pm and 6:00 am and to report to police daily. He has been the subject of that bail for a period of two years and five months. 10 The agreed statement of facts details the sentences imposed in the Local Court on three co-offenders who were convicted of concealing a serious offence arising out of their failure to bring to the attention of the police their knowledge of Mao Vann's involvement in the killing of Userph Rima. Arno Van Do pleaded guilty to the offence and was sentenced to a term of three months' imprisonment to be served by way of periodic detention. Peter Pan pleaded guilty to the offence and was ordered to perform three hundred and fifty hours' of community service. Khoa Nam Tran pleaded guilty to the offence and was also ordered to perform three hundred and fifty hours' of community service.