R v Bui

[2019] ACTSC 366

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Bui

Citation:

[2019] ACTSC 366

Hearing Date:

15 April 2019

DecisionDate:

15 April 2019

Before:

Burns J

Decision:

See [16]–[17]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty – unlawfully causing grievous bodily harm – use of weapon – reasonable prospects for rehabilitation

Legislation Cited:

Crimes Act 1900 (ACT), s 25

Parties:

The Queen (Crown)

Tien Dat Bui (Offender)

Representation:

Counsel

V Conliffe (Crown)

M Kukulies-Smith (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Law (Offender)

File Numbers:

SCC 310 of 2018; SCC 311 of 2018

BURNS J

1. Mr Tien Dat Bui, you have entered a plea of guilty to one charge of unlawfully causing grievous bodily harm (XO 2019/31476) contrary to s 25 of the Crimes Act 1900 (ACT). That offence carries a maximum penalty of five years' imprisonment.

1. Put briefly, on 26 August 2018, you stabbed Brendan Adams in the abdomen with a knife and you also caused a deep laceration to his arm. As a result, Mr Adams suffered very serious injuries, the effects of which have been ongoing.  

1. It is an aggravating circumstance, with regard to this offence, that you used a weapon, being a knife. It is a further aggravating circumstance that it occurred in a public place.   

1. It has been submitted that I should take into account that there was an element of provocation involved. I accept that there had been some verbal disagreement between you and the victim. I also accept that the victim had taken hold of your arm. However, subsequently, the victim released you, turned around and started to walk away. It was at that time that you obtained the knife and ran after the victim before stabbing him twice.

1. I do not accept that there was any provocation which significantly reduces your moral culpability. I am satisfied that you simply lost your temper after this confrontation. I accept the Prosecution's submission that there was some brief premeditation involved. I'll put it another way. I accept the Prosecution's submission that you had an opportunity to consider what you did before you did it. It was only a brief opportunity, but it was an opportunity.  

1. The consequences for your victim were very serious indeed. He had to undergo emergency surgery and spent three days in hospital. He has permanent scarring and continuing pain and disability. He is now unable to undertake some types of work that he previously undertook. I am satisfied that this is a serious example of this type of offending.

Subjective Features

1. You are 44 years old and you have a limited prior criminal history, but nothing for violence. You are currently being held in custody on other offences, since

   
   

   31 March 2019. 

1. You were born in Vietnam and came to Australia when you were 21 years old. There appears to have been no issues of neglect or mistreatment in your childhood. You became an…