District Court
New South Wales
Medium Neutral Citation: R v Jung; R v Tonazzi [2021] NSWDC 289 Hearing dates: 11, 18 June 2021 (Sentence Hearing) Date of orders: 02 July 2021 Decision date: 02 July 2021 Jurisdiction: Criminal Before: R. J. Weber SC DCJ Decision: At [85] and [86].
Catchwords: CRIME — Violent offences — Recklessly cause grievous bodily harm in company
SENTENCING — Co-offenders — Joint sentence proceedings
SENTENCING — Relevant factors on sentence — Objective seriousness – Where the victim’s injuries are serious and permanent
SENTENCING — Mitigating factors — Good character — No record of previous convictions — Not part of a planned or organised criminal activity — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend
SENTENCING — Mitigating factors — Provocation – Where a perceived racial slight made hours earlier provides context for offending behaviour
SENTENCING — Relevant factors on sentence — Moral culpability – Where mental health issues are causative to offending behaviour
SENTENCING — Penalties — Intensive correction orders – Whether head sentence would preclude consideration of an intensive correction order – Whether a sentence of imprisonment is appropriate to be served in the community – Where the interests of justice are best served by the offenders’ serving a term of imprisonment within the community
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Biddle v R [2017] NSWCCA 128 at [68]
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1
Lawson v R [2018] NSWCCA 215 at [35]
Markarian v The Queen (2005) 228 CLR 357 at [51]
MDZ v R [2011] NSWCCA 243 at [67]
Pullen v R [2018] NSWCCA 264, 275 A Crim R 509 at [89]
R v Douglas [2007] NSWCCA 31 at [12]
Tepania v R [2018] NSWCCA 247, 275 A Crim R 233, at 258 [112]
Waterfall v R [2019] NSWCCA 281 at [33], [38]
Yun v R [2017] NSWCCA 317 at [47]
Texts Cited: New South Wales, Bills – Second Reading, Legislative Assembly, 11 October 2017, 472, (Mark Speakman SC, Attorney-General)
Category: Sentence Parties: Regina
Jae Guen Jung (Offender)
Adam Tonazzi (Offender)Representation: Counsel:
Solicitors:
Mr A. Terracini (Crown Prosecutor)
S.J. Odgers SC, with
Mr Nematalla (Counsel for the Offender Jung)
P. Boulten SC, with
Mr McMahon (Counsel for the Offender Tonazzi)
The Office of the Director of Public Prosecutions
Crawford and Duncan Lawyers (Offender Jung)
CDM Lawyers (Offender Tonazzi)
File Number(s): 2020/00099892 (R v Jae Geun Jung)
2020/00099872 (R v Adam Tonazzi)Publication restriction: None.
Judgment
-
The offenders come before the Court for sentence, having each pleaded guilty to one count of recklessly causing grievous bodily harm in company. This is conduct contrary to the provisions of section 35(1) of the Crimes Act 1900 (Crimes Act). This offence carries a maximum penalty of 14 years imprisonment and a standard non-parole period of five years.
-
In each case the offenders have pleaded guilty to the count at an early time, and it…
Keep reading for free
Create a free CaseChat account to read R v Jung; R v Tonazzi 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
- [2021] NSWDC 289
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining the appropriate sentence for the appellants, taking into account the nature and circumstances of the offence, the appellants' personal circumstances, and the principles of sentencing. The court considered the objective seriousness of the offence, the appellants' good character and lack of prior convictions, their remorse, and the likelihood of rehabilitation. The court also had to weigh the mitigating factors of provocation and the appellants' mental health issues against the gravity of the crime. Furthermore, the court had to decide whether an intensive correction order was appropriate in light of the head sentence and whether the interests of justice would be best served by the offenders serving a term of imprisonment within the community.
The court found that the appellants' actions were of significant objective seriousness, as the victim suffered serious and permanent injuries. However, the court also acknowledged the mitigating factors, including the appellants' good character, lack of prior convictions, and remorse. The court recognised the provocation stemming from a perceived racial slight and the appellants' mental health issues as contributing factors to the offence. Ultimately, the court determined that an intensive correction order would not be appropriate as the head sentence, but that the interests of justice would be best served by the appellants serving a term of imprisonment within the community.
The court ordered that the appellants be sentenced to imprisonment within the community, taking into account the factors discussed above. The court held that the appellants' offending behaviour was of significant seriousness, but that the mitigating factors and the appellants' personal circumstances warranted a sentence that allowed for rehabilitation and reintegration into society. The court also emphasised the importance of proportionality in sentencing and the need to consider the broader interests of justice in determining the appropriate sentence for the appellants.
Orders
Orders of the court
At [85] and [86].
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.