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Member of NSW Parliament, John Newman, was shot dead outside his home at 15 Woods Avenue, Cabramatta on 5 September 1994. The shots were fired by a person who came to the scene by car and was driven away at speed immediately after the shooting. The jury's verdict established that the killing was instigated and organised by Phuong Canh Ngo, who was found to be guilty of the murder. It took seven years to find Ngo guilty of Newman's murder. There were four trials - two were aborted, and another resulted in a hung jury. It is interesting to note that the person who actually fired the shots that killed Newman has not been found.
Ngo was sentenced to life imprisonment for the murder of John Newman. The sentencing judge used s61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) - mandatory life sentences for certain offences.
NSW Chief Justice Jim Spigelman ordered a review on this case pursuant to the Crimes (Appeal and Review) Act 2001 (NSW). On 14th April 2009, Judge David Patten delivered his report on the Inquiry into the Conviction of Phuong Canh Ngo for the murder of John Newman. Judge Patten found: "... that nothing ... casts doubt upon, or raises, a sense of unease or disquiet in respect of the conviction of Mr Ngo."
Ngo appealed the the Court of Criminal Appeal for an extension of time to appeal against his life sentence. Justice Dunford handed down his decision in which he refused to grant an extension of time, however, in doing so, he considered carefully whether such an appeal would succeed. He found that such an appeal would fail.
See Ngo v R [2013] NSWCCA 142, 13 June 2013. If you're interested in sentencing life for murder, this decision is worth reading.
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John Newman
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