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 2015Cases 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 270Texts Cited: --- Category: Sentence Parties: Regina (Crown)
Zhen Fang (Offender)Representation: Counsel:
Solicitors:
Mr C Maxwell QC (Crown)
Mr AJ Bellanto QC; Ms YC Lin (Offender)
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.…
Keep reading for free
Create a free CaseChat account to read R v Fang (No 4) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] NSWSC 323
- Decision Date
CaseChat Overview and Summary
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
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.