Subjective case
10 The offender is now twenty two years old. He was born in Vietnam and has two sisters, one older than he and one younger. When he was about three years old his parents left Vietnam, taking the younger sister with them. They made their way to Malaysia and, after some years in refugee camps in that country, arrived in Australia. The offender and his older sister remained in Vietnam with their grandmother. They joined their parents in Australia in 1990, when he was about ten.
11 The family lived at Canley Vale. In evidence, the offender described his father as a devout Buddhist and a very strict man. His parents worked very long hours at a clothing factory on six, sometimes seven, days of the week and they later went into business on their own account. Their industriousness was laudable and, no doubt, was motivated by their desire to provide for their children. Unfortunately, however, they had little free time to devote to the offender. He was unhappy and was not attending school regularly, and at the age of sixteen he ran away from home. It was in these circumstances that he formed his association with the other young men involved in this tragic incident, and came to be living at the house at Villawood.
12 For some years thereafter he appears to have lost direction in his life and to have drifted within a criminal subculture. He began to abuse a variety of illicit drugs. His criminal history includes entries in New South Wales for possessing and supplying heroin, and in Queensland for possessing cannabis. In evidence, he acknowledged having been a street dealer in those drugs. That said, his record is relatively minor and is consistent with his wayward lifestyle. I consider it of little significance for present purposes.
13 Much has changed since the offender was taken into custody in April last year. He has re-established contact with his family. His parents separated in the late 1990's. They now live apart in Queensland but, apparently, they stay in touch and are supportive of each other. They have maintained contact with the offender through regular visits and telephone calls. He also enjoys contact with his siblings, who live in Sydney, and other members of his extended family. His parents and other family members were present at the sentence hearing.
14 He has been detained at the Kariong Juvenile Justice Centre. He has pursued his education and last year attained the School Certificate. He has also undertaken a number of practical training courses, including cabinet making. He hopes, with the assistance of his teacher at Kariong, to obtain an apprenticeship in that trade upon his release. Finally, he has been undergoing counselling to address his substance abuse and other lifestyle issues.
15 A chaplain at Kariong gave evidence and provided a brief report, which speaks favourably of the offender's behaviour whilst at the centre, his insight into his previous debased lifestyle and his determination to seize the opportunities for improvement available to him while in custody. I also have the benefit of a helpful background report from the Department of Juvenile Justice. Its assessment of the offender is encouraging and is consistent with my own conclusions from the whole of the evidence. This is a young man who has had a difficult background and whose life became completely derailed during a significant period of his adolescence and early adulthood. The maturity he has achieved whilst in custody is demonstrated not only by his participation in education, training and counselling, but also by his remorse, his insight into his crimes and his willingness to assist the authorities in the prosecution of the other murder to which I have referred. My sentencing order must be fashioned so as to foster his prospects of rehabilitation, which are good.
16 Where he will live upon his release is a matter of some concern. To pursue the apprenticeship in cabinet making it may be necessary for him to live in Western Sydney but, given his assistance to the authorities, he may be in some danger there. He may be able to live in Queensland with one or other of his parents, but his employment prospects there are unknown. This, however, is not a matter which I can resolve. No doubt, those supervising him will give it careful attention.