R v Bui
[2019] ACTSC 366
•15 April 2019
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
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.
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.
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.
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.
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.
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
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.
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 Australian citizen in 1996. Your first marriage, which was between 1996 and 2007, ended in divorce. You remarried in 2014 and you have two children, aged four and one. Your current wife is alleged to be the victim of your fresh charges.
You were schooled to Year 12 equivalent in Vietnam. You have worked in restaurants and meat preparation plants in the past. You have been unemployed since July 2018, due to illness. You have a history of drug abuse. You told the author of the
Pre-Sentence Report that you had used cannabis on the day of this offence, but you did not feel under its influence at the time.
You have contacted EveryMan Australia to attend a Preventing Violence and Managing Anger course. The next course commences in June 2019.
You expressed remorse and victim empathy to the author of the Pre-Sentence Report. You were assessed at medium-low risk of reoffending, but that assessment may need to be reviewed, with regard to your fresh offences.
Other Considerations
You entered your plea of guilty after committal for trial and after a Criminal Case Conference. You were arraigned, on the present charge, on 20 February 2019 and entered your plea of guilty at that time. No trial date had then been set. I accept that your plea of guilty had significant utilitarian value as the community was not put to the expense and inconvenience of a trial. I will allow a reduction of approximately
15 percent on your otherwise appropriate sentence to mark your plea of guilty.
I note that you were arrested on 26 August 2018, which was the day of this offence, and you were granted police bail, so you have spent no time in custody with respect to this matter.
I take into account the letters that were tendered on your behalf today. They speak of you as being a hardworking, reliable and generally good person. They speak of your commitment to your family and how you have contributed to the local Vietnamese community. They speak of the present offences being out of character and they also speak of you being remorseful for this offence.
I am satisfied that you have reasonable prospects for rehabilitation. Nevertheless, the very serious nature of this offence calls for a sentence of imprisonment. I have given consideration to all alternatives, other than an immediate term of imprisonment, but I am satisfied that you must serve at least some period of imprisonment. It is necessary to demonstrate to the community that those who cause serious injury, through the use of a weapon, will be subject to real punishment.
Sentence
I will record a conviction with respect to the offence (XO 2019/31476) and you will be sentenced to 15 months' imprisonment, commencing on 31 March 2019 and expiring on 30 June 2020. The period commencing on 31 March 2019 and expiring on
30 September 2019 is to be served by way of full-time imprisonment. The balance of the sentence will be suspended and there will be a Good Behaviour Order, for the period of two years, from 30 September 2019. I impose a condition that you are to accept the supervision of the Chief Executive for that period of two years, or such lessor period as deemed appropriate by your supervising officer, and that you obey all reasonable directions of your supervising officer, including undertaking such counselling or treatment as directed, particularly with regard to anger management.
The effect of the sentence is that there has been 15 months' imprisonment, of which six months is full-time imprisonment, from 31 March 2019, which is the date that you went into custody in relation to the fresh charges. As I said, six months of that is
full-time imprisonment, with the balance suspended for a period of two years, with a Good Behaviour Order.
| I certify that the preceding seventeen [17] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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