This case involves Robert Xie charged for the murder of Norman Lin, Lilly Lin, Irene Lin, Henry Lin and Terry Lin, although his wife believed that he was innocent. The reasoning for the murders were so he could have sexual access to his niece. The motive was previously not reported due to legal reasons. He continuously pleaded innocent. The case was under the jurisdiction of Common Law- Criminal. On 18th July 2009, emergency services were called to a two-story residence to find 4 bodies and 1 later in the day. After a long investigation of the case, the police came to find Robert Xie, the brother-in-law of Min and Lilly Lin, guilty of murdering all 5 family members due to a sexual motive. After 6 months of a trial, a jury decided unanimously …show more content…
In this case, the cases R v Dean, R v Baker and R v Villa, were cited and used as a precedent stating that “where multiple murders are committed by the one offender, the offender’s culpability for each murder is informed by his culpability for all the murders”. Due to the similar situations in which multiple murders occurred in those cases, it was used as a referral for the sentence given. STATUTE Section 19A (1) of the Crimes Act 1900 (NSW) states that life imprisonment is utmost punishment for murder. This was a main factor that contributed to his sentence – life imprisonment. The other reason for this was Section 61(1) of the Crimes (Sentencing) Procedure Act 1999 (NSW) (“the Sentencing Act”). The section presents a piece of legislation as follows: “a court is to impose a life sentence on a person convicted of murder if the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met by the imposition of a life sentence”. Thus, the sentence for Robert Xie was decided due to the Crimes Act 1900