R v Do (No. 4) [2015] NSWSC 512

Supreme Court New South Wales

Medium Neutral Citation: R v Do (No. 4) [2015] NSWSC 512 Hearing dates: 23 – 27 February 2015; 2 - 6 March 2015; 9 - 10 March 2015; 12 -13 March 2015; 16 – 18 March 2015; 2 April 2015 Date of orders: 08 May 2015 Decision date: 08 May 2015 Jurisdiction: Common Law - Criminal Before: Davies J Decision: The offender is sentenced to a non-parole period of 16 years commencing 20 September 2012 and expiring 19 September 2028 with an additional term of 7 years expiring 19 September 2035.

The offence is to be recorded on the offender's criminal record as a domestic violence offence pursuant to s 12(2) of the Crimes (Domestic and Personal) Violence Act 2007 (NSW). Catchwords: CRIMINAL LAW – murder – sentence – wife murdered by husband – no planning – sudden loss of control – brutal and sustained attack involving at least one weapon – husband a foreign national – socially isolated individual – limited English – older offender - attempted suicide after killing – whether remorseful – prior good character -Victim Impact Statements – whether should be taken -into account – whether special circumstances Legislation Cited: Crimes (Domestic and Personal) Violence Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Asplund v R [2014] NSWCCA 237 Goebel-McGregor v R [2006] NSWCCA 390 Hiron v R [2007] NSWCCA 336 R v Hines (No 3) [2014] NSWSC 1273 R v Huang [2000] NSWCCA 238; (2000) 113 A Crim R 386 R v Pluis [2015] NSWSC 320 Thi Lan Nguyen v R [2009] NSWCCA 181 Category: Principal judgment Parties: Crown Tony Thao Do (Defendant) Representation: Counsel: N Noman SC (Crown) C Smith SC and B O'Reilly (Defendant)