R v Ly [2018] NSWSC 197

Supreme Court New South Wales

Medium Neutral Citation: R v Ly [2018] NSWSC 197 Hearing dates: 3 and 17 November 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Mathews AJ Decision: Term of imprisonment consisting of a non-parole period of 13 years, commencing on 8 April 2016 and expiring on 7 April 2029, with a balance of term of 5 years commencing on 8 April 2029 and expiring on 7 April 2034, making a total term of imprisonment of 18 years. Catchwords: CRIMINAL LAW – sentencing murder – guilty plea entered early in process – mid line of objective seriousness - offender suffered from post-traumatic stress disorder – also extremely intoxicated at time of offence – whether PTSD materially contributed to offending behaviour – extreme remorse Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194; (2010) 205 A Crim R 1 Muldrock v the Queen (2011) 244 CLR 120 Category: Sentence Parties: Regina Khanh Thanh Ly (Offender) Representation: Counsel: Ms N Williams (Crown) Mr G Turnbull SC with Ms N Mikhaiel (Offender)

Solicitors: Solicitor for Director of Public Prosecutions (Crown) Jack Rigg Solicitors (Offender) File Number(s): 2016/107805 Publication restriction: No

Judgment

Introduction 1. On 3 November 2017 Khanh Thanh Ly was charged by way of indictment that between 7 and 8 April 2016, at Cabarita, he murdered Miming Listiyani. He pleaded guilty, and a sentencing hearing then proceeded. The offender gave evidence, as did a forensic psychiatrist and a psychologist, and a number of documents were tendered, all of them by consent. The matter was then adjourned to 17 November when submissions were made on behalf of both the Crown and the offender.