R v Tang

[2022] NSWDC 1

District Court

New South Wales

Medium Neutral Citation:

R v Tang [2022] NSWDC 1

Hearing dates:

27/1/22, 28/1/22

Date of orders:

28/1/22

Decision date:

28 January 2022

Jurisdiction:

Criminal

Before:

Priestley DCJ

Decision:

Sentenced to an Intensive Corrections Order for a period of 18 months

Catchwords:

Crime – Sentence – Disputed facts – Reckless grievous bodily harm

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v Buddle [2005] NSWCCA 82

Blanch v R [2019] NSWCCA 304

Category:

Sentence

Parties:

NSW DPP – Crown
Dian Tang - Offender

Representation:

Ms J Turner for Crown
Mr E Ozen for Offender

File Number(s):

2020/249568

Judgment

Introduction

1. Dian Tom Tang (“the offender”) appears for sentence on one charge of causing grievous bodily harm and being reckless as to causing actual bodily harm. The Crown bundle was tendered and became exhibit A in the proceedings and contained as item 3 a document headed “Statement of agreed and disputed facts”. In that document the disputed areas are highlighted. They were excluded as part of exhibit A but reference was made to them in submissions by the parties as to whether they had been established or not, so that those passages assist in identifying what is in dispute. Thus while they are not evidence it should be noted that reference has been had to them in order to determine the disputed facts issue. The dispute as to facts is resolved below.

2. The offence is charged under section 35(2) of the Crimes Act 1900. The maximum penalty is 10 years imprisonment and there is a standard non-parole period of four years. I take both the maximum sentence and a standard non-parole period into account in determining the appropriate sentence as a legislative guidepost. Further in relation to the standard non-parole period I note that it is a matter to be taken into account in determining the appropriate sentence for all cases and not just those falling within the middle of the range of seriousness referred to in s54A of the Crimes (Sentencing Procedure) Act (“CPA”).

3. The following matters are largely taken from exhibit A, from either the Crown sentence summary coversheet or that part of the statement of agreed and disputed facts that is agreed, and with some matters being findings from the evidence which were not disputed by either party.

4. The offender was born on 19th February 1994. The offence occurred on 23 August 2020, so that at the time of the offending the offender was 26 years old. The offender was arrested on 27 August 2020. He has spent no time in custody. There are no matters to be dealt with by way of the Form 1 procedure. The offender was not on conditional liberty at the time of the offending. Indeed the offender has no prior criminal history.

5. The offending occurred at approximately 9:50 AM on Sunday, 23 August 2020. The victim was in his motor-vehicle on The Crescent, a road in Pennant Hills, logging onto rideshare applications and…