R v Deng

[2022] NSWDC 382

District Court

New South Wales

Medium Neutral Citation:

R v Deng [2022] NSWDC 382

Hearing dates:

26 August 2022

Date of orders:

29 August 2022

Decision date:

29 August 2022

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   The offender is convicted.

2   The appropriate term of imprisonment is 4 years that will be discounted by 25% to give effect to the plea of guilty.

3   I impose a term of imprisonment of 3 years with a non-parole period of 1 year and 9 months to date from 5 April 2021. The non-parole period will expire on 4 January 2023 and the head sentence will expire on 4 April 2024. The offender will be eligible to be released on parole on 4 January 2023.

Catchwords:

CRIME — Violent offences — Recklessly cause grievous bodily harm

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v Olbrich (1999) 199 CLR 270

R v Watt (unreported 2 April 1997, NSWCCA)

R v Dickinson [2004] NSWCCA 457

R v Hampton [1999] NSWCCA 341

Category:

Sentence

Parties:

Regina
Zhongji Deng (Offender)

Representation:

Counsel:
T Hickie (Offender)

Solicitors:
Office of Director of Public Prosecutions (Crown)
P Beaumont (Offender)

File Number(s):

2021/93543

Publication restriction:

None

Judgment

1. Zhongji Deng (the offender) appears for sentence after pleading guilty in the Local Court to one count of recklessly causing grievous bodily harm contrary to s 35(2) Crimes Act 1900.

2. The maximum penalty for the offence is 10 years imprisonment and the offence carries a standard non-parole period of 4 years.

Approach to Sentencing

3. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

4. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act.

5. The offender entered a plea of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.

Facts

6. The parties presented an Agreed Statement of Facts, which is unnecessarily lengthy. I have taken the entirety of the document into account in coming to the appropriate sentence. What follows is a brief summary of the facts relevant to this offender to permit an understanding of the sentence imposed and to make it easier to have my judgment interpreted for the offender.

7. The offender was 54 years of age at the time of the offence. The victim, Tao Pang was 44 years of age. The offender and the victim met each other about four to five months before the offence through a mutual friend, Maofu Wang. They had spent time together in friendly circumstances.

8. On 4 April 2021…