R v Kaewklom (No. 3) [2013] NSWSC 59

Supreme Court New South Wales

Medium Neutral Citation: R v Kaewklom (No. 3) [2013] NSWSC 59 Hearing dates: 8 November 2012 Decision date: 08 February 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: For the crime of recklessly causing grievous bodily harm to X, the Offender is sentenced to imprisonment comprising a non-parole period of two years and nine months commencing on 15 February 2011 and expiring on 14 November 2013, with a balance of term of one year commencing on 15 November 2013 and expiring on 14 November 2014. For the murder of Frederick McGregor, the Offender is sentenced to imprisonment comprising a non-parole period of 13 years and six months commencing on 15 February 2013 and expiring on 14 August 2026, with a balance of term of six years and six months commencing on 15 August 2026 and expiring on 14 February 2033. The earliest date upon which the Offender will be eligible for release to parole is 15 August 2026. Catchwords: CRIMINAL LAW - sentence - recklessly causing grievous bodily harm and murder - Offender (18 years' old) seriously assaults 15-year old former girlfriend including kicking and stomping on victim - Offender charged with offence four days later and held in custody pending appearance before Local Court - Offender attacks 69-year old fellow prisoner in courthouse cell - kicking and stomping causing fatal injuries - objective gravity of offences - relevance of youth to sentence - Offender's turbulent family background - assessment of psychiatric evidence concerning Offender - assessment or risk of reoffending and prospects of rehabilitation - relevance on sentence of fact that prisoner murdered in custody in courthouse cell - specific and general deterrence - partial accumulation of sentences Legislation Cited: Criminal Procedure Act 1986 Crimes Act 1900 Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Kaewklom (No. 1) [2012] NSWSC 1103 R v Kaewklom (No. 2) [2012] NSWSC 1117 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Wilkinson (No. 5) [2009] NSWSC 432 R v Dannevig [2012] NSWSC 1013 KT v R [2008] NSWCCA 51; 182 A Crim R 571 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Tran v R [2011] NSWCCA 11 AM v R [2012] NSWCCA 203 R v Kamotu (NSWCCA, 24 August 1995, BC9501870) R v Fyffe [2002] NSWSC 751 R v Hore; R v Fyffe [2005] NSWCCA 3 R v Windle [2012] NSWCCA 222 R v Knight [2004] NSWSC 498 Beldon v R [2012] NSWCCA 194 Ng v R [2011] NSWCCA 227; 214 A Crim R 191 R v Previtera (1997) 94 A Crim R 76 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Kukiat Kaewklom (Offender) Representation: Counsel: Ms GM O'Rourke (Crown) Ms JS Manuell SC (Offender) Solicitors: Director of Public Prosecutions (Crown) Elie Rahme & Associates (Offender) File Number(s): 2011/50515 Publication restriction: ---