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Whether sentence excessive - whether sufficient weight given to appellant's youth - parity. Sentence appeal allowed: resentenced to 20y with NPP of 16y.
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Aged 2 months short of 18th birthday at time of offence - born in Vietnam - completed year 5 in Vietnam, then attended school in Australia & completed year 9 - not attracted to learning - family life consisted of rigid routine of work & school, little socialisation or fun - drank alcohol mainly on weekends - did not use illicit drugs - formed relationship with young woman & has a young child - below average intelligence.
Whether trial miscarried - whether verdict unreasonable - rulings - directions - common enterprise - witness evidence - self-defence - provocation - motive.
Appellants were convicted of the wilful murder of a female prostitute who intended giving evidence against them in future criminal proceedings.
The Crown case was based primarily upon the co-offender, who received a reduced sentence in return for assistance.
Members of his family intervened & disarmed him, however, he punched & kicked the victim.
When the victim tried to escape, the applicant pursued him & struck him twice to the back of the head with a piece of dead branch.
His conviction was subsequently quashed & a new trial ordered.
It was proposed by the Crown to try the appellant & the co-offender jointly.
Aged 32 at time of sentencing - remorse - psychotic illness - auditory hallucinations - drug abuse - intended to continue experimenting with drugs - no priors.