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发表于 2023-7-21 19:17
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总有刁民要害朕 发表于 2023-7-21 16:44
关键是这个女的当时已经和另外一个男的刚刚确立了男女朋友关系。可是还要把这个马来男带回家。导致人家接 ...
这个没有预谋确实没有争议,但基本上是被作为从重量刑的情节来考虑的。
51 I accept that your crime was not premeditated or planned, and was likely spontaneous. However, there are a number of matters that aggravate your offending. The first is that it occurred in circumstances of family violence. Your relationship with Kelly had barely commenced, but nonetheless she trusted you, introduced you to Jack and invited you into her life. You learned she was seeing another man through behaviour that would constitute stalking, and I am satisfied you took her life because you felt rejected and enraged. Kelly was entitled to feel safe and protected in her home, but you killed her in her own bedroom, with her young son in a nearby room. This is a serious example of murder and your moral culpability is high.
[...]
58 Kelly was 33‑years‑old. It was her right to keep seeing you, or see less of you, or leave you altogether if she wished. Yet after just one month, you killed her out of jealousy and anger. [...] This Court is frequently faced with sentencing male offenders who kill their partner or former partner because they are angry, jealous, rejected or aggrieved in some way. Murder in these circumstances is a serious crime and general deterrence is an important sentencing purpose. Through sentencing, the courts must endeavour to send a strong message that such conduct will not be tolerated and offenders — or would‑be offenders — should expect to receive very lengthy terms of imprisonment.
DPP v Tan [2023] VSC 416 (21 July 2023), https://www.austlii.edu.au/cgi-b ... /VSC//2023/416.html |
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