District Court
New South Wales
Medium Neutral Citation: R v Huynh [2017] NSWDC 126 Hearing dates: Trial: 29 November 2016 – 9 December 2016 and Sentence: 24 February 2017 and 7 April 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: For the offence of wounding with intent to murder:
1. The offender is convicted;
2. I impose a non-parole period of 4 years’ imprisonment, to commence on 4 December 2015 and to expire on 3 December 2019, at which time the offender will be eligible to be released on parole;
3. I impose an additional period of 4 years’ imprisonment to date from 4 December 2019 and to expire on 3 December 2023; and
4. The offender is sentenced to serve an overall term of imprisonment of 8 years.Catchwords: CRIMINAL LAW – SENTENCE – wounding with intent to murder – multiple stab wounds – offender in relationship with victim – offender later attempted to commit suicide – low objective seriousness – whether offender’s state of mind relevant to assessment of objective seriousness – whether provocation of offender relevant to assessment of objective seriousness – victim impact statement – Crown concession that victim made good recovery – offender unresolved mental health condition – offender person of good character – excellent prospects of rehabilitation – low likelihood of reoffending – impact of offender’s incarceration on family members – remorse demonstrated – finding of special circumstances Legislation Cited: Crimes Act 1900 (NSW) s 27
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A(2), 21A(3), 28(a), 44(1), 47(2)(a) and 54A(b)Cases Cited: Alkanaan v R [2017] NSWCCA 56
Aslan v R [2014] NSWCCA 114
Christodoulou v R [2008] NSWCCA 102
Director of Public Prosecutions (Cth) v De La Rosa (2010) 205 A Crim R 1; [2010] NSWCCA 194
Elturk v R [2014] NSWCCA 61
Jeffree v R [2017] NSWCCA 72
Kremisis v R [2016] NSWCCA 257
McLaren v R [2012] NSWCCA 284
R v Delaney (2003) 59 NSWLR 1; [2003] NSWCCA 342
R v Rae [2001] NSWCCA 545
Raczkowski v R [2008] NSWCCA 152
Shine v R [2016] NSWCCA 149
Walker v R [2006] NSWCCA 347
Williams v R [2012] NSWCCA 172Category: Sentence Parties: Ms Yen Huynh (Offender)
Regina (Crown)Representation: Counsel:
Greenfield Lawyers (Offender)
Mr J Overall (Offender)
Ms N Keay (Crown)
Solicitor for the Director of Public Prosecutions (Crown)
File Number(s): 2015/357764 Publication restriction: Nil
Judgment
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On 9 December 2016, following a trial that commenced on 29 November 2016, the offender was found guilty by a jury of an offence that on 24 November 2015 at Canley Vale in the State of New South Wales, she wounded Mr Louis Casha [1] with the intention of murdering him, contrary to s 27 of the Crimes Act 1900 (NSW).
1. Hereinafter referred to as the “victim”
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On 24 February and 7 April 2017, I heard submissions as to sentence and received written submissions from the parties. I reserved my decision…
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- AGLC
- R v Huynh [2017] NSWDC 126
- Case
- [2017] NSWDC 126
- Decision Date
CaseChat Overview and Summary
The legal issues that arose for determination included whether the offender's state of mind and the provocation he experienced should be taken into account when assessing the objective seriousness of the offence. Additionally, the court needed to consider the impact of the victim's recovery on the severity of the offence, as well as the offender's mental health condition, character, prospects of rehabilitation, likelihood of reoffending, and the impact of incarceration on his family members. The court also needed to weigh the victim impact statement and the appellant's demonstrated remorse.
The court found that while the offender's state of mind and the provocation were relevant to his culpability, they did not alter the objective seriousness of the offence. However, the court considered the victim's good recovery, the offender's unresolved mental health condition, his good character, excellent prospects of rehabilitation, low likelihood of reoffending, and the impact of his incarceration on his family members. The court also took into account the victim impact statement and the appellant's remorse, ultimately finding that special circumstances existed that warranted a reduced sentence.
The court imposed a non-parole period of 4 years' imprisonment, with an additional 4 years' imprisonment to be served after the non-parole period. The offender was sentenced to serve an overall term of imprisonment of 8 years. The court acknowledged the severity of the offence but also recognised the mitigating factors and the potential for the offender's rehabilitation.
Orders
Orders of the court
For the offence of wounding with intent to murder:
1. The offender is convicted;
2. I impose a non-parole period of 4 years’ imprisonment, to commence on 4 December 2015 and to expire on 3 December 2019, at which time the offender will be eligible to be released on parole;
3. I impose an additional period of 4 years’ imprisonment to date from 4 December 2019 and to expire on 3 December 2023; and
4. The offender is sentenced to serve an overall term of imprisonment of 8 years.
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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