R v Park, Tai Jin [2017] NSWSC 873

Supreme Court New South Wales

Medium Neutral Citation: R v Park, Tai Jin [2017] NSWSC 873 Hearing dates: 2 June 2017; 23 June 2017 Decision date: 30 June 2017 Jurisdiction: Common Law - Criminal Before: Latham J Decision: The offender is sentenced to a non-parole period of 27 years to date from 26 August 2015, expiring 25 August 2042, with a balance of term of nine (9) years expiring 25 August 2051. The offender is eligible for parole on 26 August 2042. Catchwords: CRIMINAL LAW – sentence – murder for financial gain – plea of guilty - where premeditation – where prospects for rehabilitation moderate – where sustained assault – 36 years imprisonment – 27 non-parole Legislation Cited: Criminal Procedure Act 1986 (NSW) s 166 Crimes (Sentencing Procedure) 1999 (NSW) s 28 Category: Sentence Parties: Regina (Crown) Tai Jin Park (defendant) Representation: Counsel: G Tabuteau (Crown) S Corish (Defendant)

Solicitors: Director of Public Prosecutions (NSW) (Crown) AXL Legal (Defendant) File Number(s): 2015/250420

sentence 1. On 1 February 2017, Tai Jin Park, the offender, pleaded guilty to the murder of Suyoung An between 18 August and 22 August 2015. The maximum penalty is one of life imprisonment. The offence carries a standard non-parole period of 20 years. The maximum penalty and the standard non-parole period operate as two legislative guideposts to be taken into account in the sentencing exercise. 2. The plea came five days before the matter was listed for trial. The Crown was first notified of a plea of guilty on 23 January 2017. In those circumstances and having regard to the requirement to recognise the utilitarian value of the plea, the offender is entitled to a discount of 10% on the sentence that otherwise applies. 3. The plea of guilty was entered on the basis of agreed facts which became Exhibit A in the proceedings.