R v Fang (No 4) - [2017] NSWSC 323

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Fang (No. 4) [2017] NSWSC 323
Hearing dates: 3 February 2017
Date of orders: 31 March 2017
Decision date: 31 March 2017
Jurisdiction: Common Law - Criminal
Before: Johnson J
Decision:
Sentenced to imprisonment for 19 years comprising a non-parole period of 14 years and balance of term of 5 years, with the sentence to date from 4 October 2014.

Catchwords: CRIMINAL LAW – sentence following trial - murder - Offender (35 years old) stabbed victim (25 years old) 20 times - Offender under influence of methylamphetamine (Ice) at time and subject to drug induced psychosis - victim also under influence of Ice at time of killing - relevance of self-induced intoxication and existence of drug induced psychosis on sentence - confession by Offender to police before discovery of body -finding of contrition and remorse - Offender facilitated course of justice - sentence of imprisonment for 19 years with non-parole period of 14 years
Legislation Cited: Crimes Act 1900
Crimes (High Risk Offenders) Act 2006
Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015
Cases Cited: Butler v State of Western Australia [2010] WASCA 104
CMB v Attorney General for NSW [2015] HCA 9; 256 CLR 346
Director of Public Prosecutions (Vic) v Arvanitidis [2008] VSCA 189; 202 A Crim R 300
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
Haddara v R [2016] VSCA 168
Mune v R [2011] VSCA 231
R v Ellis (1986) 6 NSWLR 603
R v Fang (No. 3) [2017] NSWSC 28
R v Gagalowicz [2005] NSWCCA 452
R v Gibson [2016] VSC 634
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Isaacs (1997) 41 NSWLR 374
R v Loveridge [2014] NSWCCA 120; 243 A Crim R 31
R v Martin [2007] VSCA 291; 20 VR 14
Smith v State of Western Australia [2010] WASCA 176
The Queen v Olbrich [1999] HCA 54; 199 CLR 270
Texts Cited: ---
Category: Sentence
Parties: Regina (Crown)
Zhen Fang (Offender)
Representation:
Counsel:
Mr C Maxwell QC (Crown)
Mr AJ Bellanto QC; Ms YC Lin (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Andrew Scali (Offender)

File Number(s): 2014/291301
Publication restriction: ---

JUDGMENT

JOHNSON J: The Offender, Zhen Fang, was found guilty by a jury on 23 November 2016 of the murder of Ting Huang (“the victim”) in Sydney between 31 August 2014 and 11 September 2014.
The circumstances of this case reveal, in graphic terms, the devastating consequences flowing from the use of methylamphetamine (“Ice”) by members of the community. As will be seen, both the Offender and the victim were users of Ice and both were under the influence of Ice at the time when the Offender stabbed the victim to death. One man is dead and the other faces a lengthy term of imprisonment.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] NSWSC 323
Decision Date: 31 March 2017

CaseChat Overview and Summary

In the case of R v Fang, the defendant was convicted of the murder of a 25-year-old victim, who was stabbed 20 times. The court was tasked with determining an appropriate sentence for the offender, who was 35 years old at the time of the offence. The offender was under the influence of methylamphetamine, commonly known as Ice, and was experiencing a drug-induced psychosis at the time of the killing. The victim was also under the influence of Ice. The court had to consider the relevance of the offender's self-induced intoxication and drug-induced psychosis in determining the appropriate sentence.

The legal issues that the court had to decide included whether the offender's self-induced intoxication and drug-induced psychosis were mitigating factors in determining the appropriate sentence. The court also had to consider the offender's confession to the police before the discovery of the body, as well as the offender's facilitation of the course of justice. Additionally, the court had to consider whether the offender had shown sufficient contrition and remorse for the offence.

The court found that the offender's self-induced intoxication and drug-induced psychosis were mitigating factors in determining the appropriate sentence. However, the court also found that the offender had facilitated the course of justice by confessing to the police before the discovery of the body. The court also found that the offender had shown sufficient contrition and remorse for the offence. Ultimately, the court determined that an appropriate sentence for the offender was imprisonment for 19 years, with a non-parole period of 14 years.

Orders