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
Cases Cited: R v Olbrich (1999) 199 CLR 270
R v Watt (unreported 2 April 1997, NSWCCA)
Category: Sentence Parties: Regina
Zhongji Deng (Offender)Representation: Counsel:
Solicitors:
T Hickie (Offender)
Office of Director of Public Prosecutions (Crown)
P Beaumont (Offender)
File Number(s): 2021/93543 Publication restriction: None
Judgment
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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.
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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
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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).
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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.
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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
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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.
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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.
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On 4 April 2021…
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- AGLC
- R v Deng [2022] NSWDC 382
- Case
- [2022] NSWDC 382
- Decision Date
CaseChat Overview and Summary
The court had to address several legal issues, including the interpretation of recklessness in the context of causing grievous bodily harm, the principles of sentencing for violent offences, and the application of the discount for a guilty plea. The defence argued for a lesser sentence, citing mitigating factors, while the prosecution sought a stringent penalty considering the severity of the harm inflicted.
In its decision, the court found Deng guilty of the offence. The judge detailed the principles of sentencing for such violent crimes and highlighted the significant harm caused. The court then applied the discount for the guilty plea, reducing the term of imprisonment by 25%. The final sentence was a term of imprisonment of three years, with a non-parole period of one year and nine months, reflecting the seriousness of the offence and the mitigating factors presented. The head sentence will expire on 4 April 2024, with parole eligibility starting from 4 January 2023.
Orders
Orders of the court
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.
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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