NSW Caselaw
New South Wales Supreme Court
CITATION : R v Lee [2010] NSWSC 632
HEARING DATE(S) : 27 May 2010
JUDGMENT DATE : 18 June 2010
JUDGMENT OF : Price J at 1
DECISION : Convicted sentenced to a term of imprisonment with a non-parole period of 13 years 3 months which is to commence on 20 March 2008 and to expire 19 June 2021. Balance of term of 6 years set which is to commence 20 June 2021 and will expire on 19 June 2027. Eligible to be released on parole on 19 June 2021.
CATCHWORDS : CRIMINAL LAW - sentencing - murder - joint enterprise - whether intention to kill or to inflict grievious bodily harm - whether racially motivated - whether part of planned criminal activity - parity - consideration of offender's role - consideration of mitigating factors - whether sentence should be less than that of co-offender - whether special circumstances
Crimes Act 1900 s 6, s 33(1)(a) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 21A(2), s 21A(2)(c), 21A(2)(e), 21A(2)(h), s 21A(2)(n), s 21A(3)(e), s 21A(3)(i)-(ii), s 21A(3)(f), s21A(3)(k), s21A(3)(l)-(m), s 61(1)
CATEGORY : Sentence
KT v R [2008] NSWCCA 51 Postiglione v The Queen (1997) 189 CLR 295 R v AJP [2004] NSWCCA 434 R v Borkowski [2009] NSWCCA 102 CASES CITED : Louizos v R [2009] NSWCCA 71 R v Simon [2005] NSWCCA 123 R v Way (2004) 60 NSWLR 168 R v Wong [2010] NSWSC 171 Tatana v R [2006] NSWCCA 398
PARTIES : Regina Michael Lee
COUNSEL : Mr J Kiely SC Mr P Hamill SC
LOWER COURT JURISDICTION :
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