R v Huynh

[2017] NSWDC 126

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 172

Category:

Sentence

Parties:

Ms Yen Huynh (Offender)
Regina (Crown)

Representation:

Counsel:
Mr J Overall (Offender)
Ms N Keay (Crown)

  Greenfield Lawyers (Offender)
Solicitor for the Director of Public Prosecutions (Crown)

File Number(s):

2015/357764

Publication restriction:

Nil

Judgment

1. 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”

2. On 24 February and 7 April 2017, I heard submissions as to sentence and received written submissions from the parties. I reserved my decision…