DPP v Zhang

[2007] VSC 505

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 1450 of 2007

THE DIRECTOR OF PUBLIC PROSECUTIONS

v

ZI WEI ZHANG

---

JUDGE:	Teague J
WHERE HELD:	Melbourne
DATE OF HEARING:	26 - 30 November and 4 December 2007
DATE OF SENTENCE:	7 December 2007
CASE MAY BE CITED AS:	DPP v Zhang
MEDIUM NEUTRAL CITATION:	[2007] VSC 505

---

Criminal Law – Sentencing – Intentionally causing serious injury by slicing neck of friend unexpectedly with knife – then biting wrist of rescuing father – imprisonment for 6 years and 6 months – non-parole period of 4 years

---

APPEARANCES:	Counsel	Solicitors
For the Crown	Ms A. Forrester	Office of Public Prosecutions
For the Accused	Mr M. Perry	Chris Hardman

HIS HONOUR:

1. Zi Zhang, you have pleaded guilty to two offences arising out of events that occurred on 1 June 2006 at Forest Hill.  The first is of intentionally causing serious injury to Wei Tong Li.  The second is of intentionally causing injury to Er Lu Li.  Er Lu Li is the father of Wei Tong Li.

1. In June 2006, Wei Tong Li lived with his parents and his wife in a house in Forest Hill.  You lived in your family home nearby.  Relations between the families were friendly.  Indeed, Wei’s father Er Lu Li and your father had worked together at the same hospital in China years ago.  Until the night of 1 June 2006, Wei Tong Li and you were quite close friends.  You had both been students at Melbourne University at the same time.  You and he had had no serious arguments in the past.  The Li family helped you in various ways, as friends do.

1. On two nights in a row at the end of May 2006, you arranged with Wei Tong Li to use the desktop computer at his house to gain access to the internet.  You went there again on the night of 1 June.  Er Lu Li opened the door for you.  Wei Tong Li was then upstairs using the internet.  He moved aside to allow you to use it for a time.  You had with you a bag.  In that bag, unbeknown to Wei Tong Li, were two knives, such as are often used in a kitchen.  One had a serrated edge, as often used for cutting bread.  The other had a thinner blade.  You were later to tell the police that the two knives were in the bag following a fishing trip some weeks earlier.

1. After you had used the internet, Wei Tong Li resumed the use of it.  He was sitting at the chair in front of the desktop computer.  You telephoned a friend on your mobile phone.  You told Wei Tong Li that you were going home after making another phone call.  Wei Tong Li was drowsy at that time.  He was leaning on the table with his hand to his cheek.  Behind his back, you took the serrated edged knife out of the bag.  You stood directly behind him.  With your right hand, you put the blade of the knife to the front of his neck. You cut the skin and moved the blade across the neck.  You moved it across and back.  You used your left hand to hold Wei Tong Li down.  Not surprisingly, he was afraid for his life.

1. He grabbed the blade of the knife.  He held onto it.  He kept hanging onto it.  He did so, even though that meant that he got badly cut to his right hand.  He later got badly cut to his left hand, as he grasped the knife with two hands.  For some time, you and he struggled to get control of the knife.  In that struggle, many tendons, nerves and arteries in his fingers were severely cut through.  He called for his father.  Er Lu Li, despite major knee problems, rushed upstairs to assist him.  He grabbed you from behind.  His aim was to pull you off his son.  When his wrist came in front of your mouth, you chose to bite hard into his wrist.

1. Only when it became clear that father and son were in control, did you choose to let go of the knife and to let go of Wei Tong Li.  From acting aggressively, you moved to acting helpfully.  You offered to drive Wei to hospital.  But when the police arrived, you ran away.  Some hours later, after the police had made contact with you, you co-operated with them, including in being interviewed.  You were not able to give any logical explanation for so badly treating two men who had done so much to assist you.

1. I have read the three victim impact statements that were lodged with the court on the hearing of the plea.  They have been prepared by each of Wei Tong Li, his father, Er Lu Li and his mother, Yi Lun Jiang.  The adverse psychological, social and financial consequences for all three have been devastating.  The adverse physical, psychological and social consequences for Wei Tong Li have been particularly severe.  Having seen Wei Tong Li give evidence, I was most impressed with his sincerity and with his disinclination to overstate his position generally.

1. I have also read the materials, including the reports of the psychiatrist Peter Doherty and the psychologist Patrick Newton, lodged with the court on your behalf.  Details of your background are contained in the reports.  In short, you are 23 years of age, having been born in China in October 1984. You came to Australia in 1991, and have been educated here at University High School, Melbourne University and the RMIT.  Intellectually, you are well above average. You have parents who have been, remain and promise to remain, supportive of you.  You have no prior convictions and no history of violence at all.  In the period up to 1 June, you had a significant problem with gambling.  You have been receiving psychiatric and psychological treatment and counselling from each of Dr Keith Lim and Mr Newton.  Peter Doherty  has diagnosed you as having a disorder of personality, but not an antisocial one. He and Patrick Newton refer to your social immaturity, your low self esteem, your introversion, your difficulty expressing emotion and your obsessional perfectionism.

1. The offence of intentionally causing serious injury is a very serious offence, and this was a serious example of it.  The level of moral culpability is high.  There was absolutely no provocation.  There was no rational explanation for your acting as ungratefully, as unexpectedly, and as grossly as you did. The use of a knife as you used it must be denounced and strongly so. General deterrence requires a significant prison sentence.  I do assess special deterrence as being of less importance in your case.  The prospects of rehabilitation I would assess as being at least good.  I will allow for a somewhat longer than usual period of parole eligibility.

1. There are a number of mitigating factors that operate in your favour of which I must take account.  You are young.  Although belatedly, you co-operated with police. You offered to plead guilty at an early stage.  There are indications of some remorse, but they are scarcely of the fullest measure.

1. I have signed the orders for compensation, disposal and retention as sought on the plea, there being good reason for and no opposition to my doing so. You have spent 43 days in pre-sentence detention.  I direct that that be entered in the court records. On the count of intentionally causing serious injury to Wei Tong Li, I impose a sentence  of six years imprisonment.  On the count of intentionally causing injury to Er Lu Li, I impose a sentence of one year imprisonment, cumulative as to six months.  The effective term is of six years and six months. I set a non-parole period of four years.

---

CERTIFICATE

I certify that this and the 3 preceding pages are a true copy of the reasons for Sentence of Teague J of the Supreme Court of Victoria delivered on 7 December  2007.

DATED this 7th day of December 2007.

Associate