NSW Caselaw
Reported Decision: 185 A Crim R 58
New South Wales Court of Criminal Appeal
CITATION: Yun v R [2008] NSWCCA 114
HEARING DATE(S): 26/05/2008
JUDGMENT DATE: 2 June 2008
JUDGMENT OF: Beazley JA at 1; Barr J at 1; Hoeben J at 1
Leave to appeal granted and appeal allowed. DECISION: The sentence imposed by Newman AJ on 11 April 2006 is quashed. In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 18 years commencing 9 May 2003 and expiring on 8 May 2021 with a balance of term of 6 years expiring on 8 May 2027.
CATCHWORDS: Sentence appeal - murder - application of standard minimum non-parole period - whether intent to kill alone is sufficient to take offence above the midrange of seriousness - error in using standard minimum non-parole period as the start point for fixing a sentence.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Apps v Regina [2006] NSWCCA 290 at [49] House v The King (1936) 55 CLR 499 Markarian v The Queen [2005) 79 ALJR 1048 Maxwell v R [2007] NSWCCA 304 CASES CITED : Mulato v R [2006] NSWCCA 282 Reaburn v R [2007] NSWCCA 60 R v Hung Lo [2005] NSWCCA 436 R v Pellew [2004] NSWCCA 434 R v Sangalang [2005] NSWCCA 171 R v Way (2004) 60 NSWLR 168
PARTIES: Gil Bum Yun - Applicant Regina - Respondent Crown
FILE NUMBER(S): CCA 2005/2199
COUNSEL: Mr P Hamill SC - Applicant Mr P Ingram - Respondent Crown
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