DPP v Chen

Case [2023] ACTSC 154


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

DPP v Chen

Citation:

[2023] ACTSC 154

Hearing Date:

19 June 2023

DecisionDate:

23 June 2023

Before:

McWilliam J

Decision:

(1) Pursuant to s 24 of the Crimes (Restorative Justice Act) 2004 (ACT), the offender is referred for participation in the restorative justice process.

(2) For the offence of threatening to inflict grievous bodily harm contrary to s 31 of the Crimes Act 1900 (ACT) (CAN 21/2023), without convicting the offender of the offence an order is made under s 17 of the Crimes (Sentencing) Act (ACT) requiring the offender to sign an undertaking to comply with the good behaviour obligations under s 86(1) of the Crimes (Sentence Administration) Act 2005 (ACT) with supervision only for the period deemed necessary by ACT Corrective Services for a period of 18 months, to commence on 23 June 2023.

Catchwords:

CRIMINAL LAW – Judgment and Punishment – Sentence – threat to inflict grievous bodily harm – whether non-conviction order should be made

Legislation Cited:

Crimes Act 1900 (ACT) s 31

Crimes (Restorative Justice) Act 2004 (ACT) ss 6, 14, 19, 24, 25, 46
Crimes (Sentencing) Act 2005 (ACT) ss 7, 17, 33, 35
Crimes (Sentence Administration) Act 2005 (ACT) s 86

Crimes (Sentencing Procedure) Act 1999 (NSW) s 9

Cases Cited:

Kelly v Ashby [2015] ACTSC 346; 73 MVR 360

Mammoliti v Callaghan [2022] ACTSC 259

Markarian v R [2005] HCA 25; 228 CLR 357

McLeod v The Queen [2018] ACTCA 59

Mearns v Neills [2016] ACTSC 36

Muldrock v The Queen [2011] HCA 39; 244 CLR 120

Munda v Western Australia [2013] HCA 38; 249 CLR 600

QU v Cattanach [2018] ACTSC 163

R v Cajina [2021] ACTSC 353

R v CV [2013] ACTCA 22

R v FI [2017] ACTSC 190

R v Forrest [2016] ACTSC 321

R v Forrest (No 2) [2017] ACTSC 83

R v Hudson [2019] ACTSC 110

R v Kilic [2016] HCA 48; 259 CLR 256

R v Mauger [2012] NSWCCA 51

R v McHenry [2020] ACTSC 254

R v Saulala [2016] ACTSC 48

Thorn v Laidlaw[2005] ACTCA 49 

Veen v The Queen (No 2) (1988) 164 CLR 465

Wells v Mount [2020] ACTSC 333

Parties:

Director of Public Prosecutions

Bin Chen ( Offender)

Representation:

Counsel

M Dyason ( DPP)

M Thangaraj SC, K Lee ( Offender)

Solicitors

ACT Director of Public Prosecutions

Kamy Saeedi Law ( Offender)

File Numbers:

SCC 102 of 2022

McWILLIAM J:

  1. Mr Bin Chen has pleaded guilty to one charge of threatening to inflict grievous bodily harm contrary to s 31 of the Crimes Act 1900 (ACT) (CAN 21/2023). The maximum penalty for this offence is five years’ imprisonment.

Facts of the offending

  1. The facts are agreed and summarised as follows.

  1. The offender founded a construction supply company in Australia in May 2019.  The company provides light steel framing for construction projects.  At that time, he employed the victim, Mr Siqi Liu.  Within the company, Mr…

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Details
AGLC
Director of Public Prosecutions v Chen [2023] ACTSC 154
Case
[2023] ACTSC 154
Decision Date

CaseChat Overview and Summary

The case before the court involved the Director of Public Prosecutions against Chen. The dispute was about the appropriate sentence to be imposed on Chen for threatening to inflict grievous bodily harm. The case was heard in the Magistrates Court of the Australian Capital Territory. The central legal issue was whether a non-conviction order should be made in lieu of a conviction, and if so, what form that order should take.

The court had to consider the nature and seriousness of the offence, the circumstances surrounding the incident, and the principles of restorative justice and sentencing. The court was also required to determine whether a non-conviction order would be appropriate, taking into account the interests of justice and the need for rehabilitation. The court examined the relevant legislative provisions, including sections 24 and 17 of the Crimes (Restorative Justice Act) 2004 (ACT) and the Crimes (Sentencing) Act (ACT), as well as the good behaviour obligations under section 86(1) of the Crimes (Sentence Administration) Act 2005 (ACT).

The court decided that a non-conviction order was appropriate in this case. It referred Chen for participation in the restorative justice process under section 24 of the Crimes (Restorative Justice Act) 2004 (ACT). Additionally, without convicting Chen of the offence, the court made an order under section 17 of the Crimes (Sentencing) Act (ACT) requiring Chen to sign an undertaking to comply with the good behaviour obligations under section 86(1) of the Crimes (Sentence Administration) Act 2005 (ACT). The supervision period was to be determined by ACT Corrective Services and set at 18 months, commencing on 23 June 2023.

Orders

Orders of the court

(1) Pursuant to s 24 of the Crimes (Restorative Justice Act) 2004 (ACT), the offender is referred for participation in the restorative justice process.

(2) For the offence of threatening to inflict grievous bodily harm contrary to s 31 of the Crimes Act 1900 (ACT) (CAN 21/2023), without convicting the offender of the offence an order is made under s 17 of the Crimes (Sentencing) Act (ACT) requiring the offender to sign an undertaking to comply with the good behaviour obligations under s 86(1) of the Crimes (Sentence Administration) Act 2005 (ACT) with supervision only for the period deemed necessary by ACT Corrective Services for a period of 18 months, to commence on 23 June 2023.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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