REGINA v NG, REGINA v LEW [2003] NSWSC 781

New South Wales Supreme Court

CITATION : REGINA v NG, REGINA v LEW [2003] NSWSC 781 revised - 2/09/2003 HEARING DATE(S) : 25/5/03 - 28/5/03, 2/6/03 - 5/6/03, 10/6/03 - 13/6/03, 16/6/03 - 20/6/03 JUDGMENT DATE : 20 August 2003 JURISDICTION: Common Law JUDGMENT OF : Adams J at 1 DECISION : David Ng: Sentenced on the charge of armed robbery to a fixed term of seven years' imprisonment to commence on 6 July 2001 and expire on 5 July 2008. In respect of the crime of murder you are sentenced to a term of thirty-five years' imprisonment to commence on 6 July 2003 and expire on 5 July 2038. The overall sentence is therefore thirty-seven years. I impose a non-parole period of twenty-seven years and nine months. The earliest date upon which you will be eligible for parole is 5 April 2029; Teck Lee Lew: For the crime of being an accessory before the fact to attempted robbery you are sentenced to a fixed term of imprisonment of three years commencing 5 July 2001 and ending on 4 July 2004. In respect of the offence of being an accessory before the fact to the crime of robbery with an offensive weapon, you are senenced to a fixed term of imprisonment of five years commencing on 5 July 2002 and expiring on 4 July 2007. In respect of the crime of being an accessory before the fact to murder, you are sentenced to a term of imprisonment of fourteen years commencing on 5 July 2002 and expiring on 4 July 2016. The overall sentence is therefore fifteen years. I impose a non-parole period of twelve years. The earliest date upon which you will be eligible for release is 4 July 2013.

CATCHWORDS : Criminal law - sentence - murder - accessory before the fact - robbery - level of culpability - plea of guilty for one offender - parity of sentence - Victim Impact Statement - sentencing principles LEGISLATION CITED : ss 22, 23 & 44 Crimes (Sentencing Procedure) Act 1989 PARTIES : Regina v David Ng Regina v Teck Lee Lew FILE NUMBER(S) : SC 70238/02; 70116/02 Mr P Barrett (Crown) COUNSEL : Mr M McColm (Ng) Mr M Higgins (Lew) S E O'Connor (Crown) SOLICITORS : Mark Klees & Associates (Ng) Hartmann & Associates (Lew)