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R v Huang

R v Huang

Case [2015] NSWSC 375 10 April 2015

Criminal Liability

Sentencing

Mens Rea & Intention

Excessive Self Defence

Criminal Law

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Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Huang [2015] NSWSC 375
Hearing dates: 25 March 2015
Date of orders: 10 April 2015
Decision date: 10 April 2015
Jurisdiction: Common Law
Before: Beech-Jones J
Decision:
For the offence of manslaughter, the offender is sentenced to a term of imprisonment comprising a non-parole period of five years and eleven months commencing on 9 September 2013 and an additional term of one year and eleven months commencing 9 August 2019 and ending on 8 July 2021.

Catchwords: SENTENCING – manslaughter – offender arraigned on charge of murder but entered guilty plea to manslaughter – plea not accepted – found guilty of manslaughter – temporary loss of self control but otherwise not provocation – excessive self defence – assistance provided to law enforcement authorities – confession immediately after event – offender liable to be deported.
Legislation Cited: - Crimes Act 1900 (NSW) – s 24
- Crimes (High Risk Offenders) Act 2006 (NSW) – s 5A
- Crimes (Sentencing Procedure) Act 1999 (NSW) – s 54A
Cases Cited: - Berrier v R [2009] NSWCCA 40
- Cheung v R [2001] HCA 67; 209 CLR 1
- Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
- Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
- R v Blacklidge, Court of Criminal Appeal, Gleeson CJ, 12 December 1995, unreported
- R v Fidow [2004] NSWCCA 172
- R v Frank Waqa (No 2) [2005] NSWCCA 33; 156 A Crim R 454
- R v Hazeltine [1967] 2 QB 857
- R v Huang [2000] NSWCCA 238; 113 A Crim R 386
- R v Mirzaee [2004] NSWCCA 315
- R v Pham [2005] NSWCCA 94
- R v Simpson (2001) 53 NSWLR 704
- R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
- Wong v R [2001] HCA 64; 207 CLR 584
Category: Sentence
Parties: Chun Shui Huang – Offender
Director of Public Prosecutions – Crown
Representation:
Counsel:
Mr P.K. Lynch - Crown
Mr N.M. Steel - Offender
Solicitors:
Director of Public Prosecutions - Crown
Legal Aid NSW - Offender

File Number(s): 13/273107
Publication restriction: Nil

Judgment

On 16 March 2015 the offender, Chun Shui Huang, was arraigned on an indictment that charged him with murdering Song Feng An on 9 September 2013. The offender entered a plea of not guilty to murder but guilty of manslaughter. The Crown Prosecutor advised the Court that the Crown did not accept the plea. The trial proceeded.
On 23 March 2015 the jury returned with a verdict of not guilty of murder but guilty of manslaughter. The Court recorded his conviction. Submissions in respect of sentence were heard on 25 March 2015.
The maximum penalty for the offence of manslaughter is imprisonment for 25 years (Crimes Act 1900 (NSW) s 24). There is no standard non-parole period prescribed under s 54A(1) of the

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.

Continue reading R v Huang

Details

AGLC: R v Huang [2015] NSWSC 375
Case: [2015] NSWSC 375
Decision Date: 10 April 2015

CaseChat Overview and Summary

In the case of R v Huang, the defendant was initially charged with murder but subsequently pleaded guilty to manslaughter. The matter was heard in the relevant court, which was tasked with determining the appropriate sentence for the defendant's actions. The primary legal issues centred on the nature and extent of the defendant's culpability, the mitigating factors that might influence the sentence, and the specific legal criteria that applied to the offence of manslaughter in the given circumstances.

The court was required to assess whether the plea of manslaughter could be accepted, given that the defendant had not accepted the lesser charge initially. The court also needed to consider the mitigating factors, such as the defendant's temporary loss of self-control, the absence of provocation, and the excessive use of self-defence. Additionally, the court had to take into account the assistance provided by the defendant to law enforcement authorities, the immediate confession following the event, and the potential deportation of the offender as a significant factor in the sentencing.

The court meticulously evaluated the evidence and arguments presented, ultimately concluding that the defendant's actions constituted manslaughter due to excessive self-defence, albeit without provocation. The mitigating factors, including the immediate confession and the defendant's cooperation with authorities, were weighed against the gravity of the offence. Given the totality of circumstances, the court determined an appropriate sentence that balanced the need for punishment with the recognition of the mitigating factors. The final orders of the court reflected this balanced approach, taking into account the specific legal considerations pertinent to the case.

Orders