R v Wang

Case [2020] NSWSC 1335


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: R v Wang [2020] NSWSC 1335
Hearing dates: 14 September 2020
Date of orders: 1 October 2020
Decision date: 01 October 2020
Jurisdiction:Common Law - Criminal
Before: Beech-Jones J
Decision:

The offender is sentenced to a term of imprisonment of 25 years and 6 months with a non‑parole period of 19 years commencing on 18 June 2019.

The offender will be first eligible for release on parole on 18 June 2038.

Catchwords:

CRIMINAL LAW – sentence – murder – stabbing with intention to kill – victim was the ex‑partner of the offender – CCTV footage tendered at sentence hearing – not impulsive or spontaneous – offender diagnosed with major depressive disorder – relevance to sentence – above mid-range of objective seriousness – remorse – plea of guilty – risk of serious reoffending low but not negligible – comparable cases – sentence for murder 25 years and 6 months with non-parole of 19 years

Legislation Cited:

Crimes Act 1990

Crimes (High Risk Offenders) Act 2006

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Betts v R [2015] NSWCCA 39

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

Markarian v R (2005) 228 CLR 357; [2005] HCA 25

McKinnon v R [2020] NSWCCA 106

McLaren v R [2012] NSWCCA 284

Milat v R; Klein v R [2014] NSWCCA 29

Muldrock v R (2011) 244 CLR 120; [2011] HCA 39

Mulvihill v R [2016] NSWCCA 259

R v Cadman [2019] NSWSC 634

R v Cullen [2015] NSWSC 768

R v Engert (1995) 84 A Crim R 67

R v Greentree [2019] NSWSC 1642

R v Hejabian [2016] NSWSC 1692

R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111

R v Israil [2002] NSWCCA 255

R v Koosmen [2004] NSWCCA 359

R v Mulligan [2016] NSWCCA 47

R v Mulvihill [2014] NSWSC 443

R v Olbrich (1999) 199 CLR 270; [1999] HCA 54

R v Serutawake [2014] NSWSC 1762

R v Tsiarias [1996] 1 VR 398

R v Villaluna [2017] NSWSC 1398

R v Wang [2020] NSWSC 1255

R v Williams [2005] NSWCCA 99

Category:Principal judgment
Parties: Regina (Crown)
Zixi Wang (Offender)
Representation:

Counsel:
C Taylor (Crown)
A Bellanto QC; C Lin (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Ting Legal (Offender)
File Number(s): 2019/188107

Judgment

  1. On 15 May 2020, the offender, Ms Zixi Wang, was arraigned in this Court on an indictment that charged her with murdering Ms Shuyu Zhou on 17 June 2019 (Crimes Act 1990, s 18(1)(a)). She pleaded guilty. Proceedings on sentence took place on 14 September 2020.

  2. The crime to which the offender pleaded guilty is the most serious criminal offence dealt with by this Court. The killing of…

Continue reading R v Wang

Sign in free to access the full text

Details
AGLC
R v Wang [2020] NSWSC 1335
Case
[2020] NSWSC 1335
Decision Date

CaseChat Overview and Summary

In the matter of R v Wang, the offender was convicted of the murder of his ex-partner. The dispute centred on the appropriate sentence for the offence. The case was heard in the Supreme Court of Victoria. The offender was diagnosed with major depressive disorder and had pleaded guilty to the offence. The court was tasked with determining the appropriate sentence, considering factors such as the nature of the offence, the circumstances, and the offender's background.

The legal issues the court needed to decide included the objective seriousness of the offence, the relevance of the offender's mental health diagnosis to the sentence, and the offender's level of remorse. The court also considered the risk of reoffending and compared the case to similar cases to determine an appropriate sentence. The offender's plea of guilty and the fact that the murder was premeditated and not impulsive or spontaneous were also factors considered by the court.

The court found that the murder was above the mid-range of objective seriousness due to the premeditated nature of the offence and the fact that the victim was the offender's ex-partner. The court found that the offender's major depressive disorder was relevant to the sentence but did not mitigate the seriousness of the offence. The court also found that the offender had shown some remorse, but this was not sufficient to significantly reduce the sentence. The risk of reoffending was considered low but not negligible. The court ultimately determined that the appropriate sentence for the offence was 25 years and 6 months with a non-parole period of 19 years.

The final orders of the court were that the offender was sentenced to 25 years and 6 months imprisonment for the murder of his ex-partner, with a non-parole period of 19 years. The court considered the factors outlined above in reaching this decision and found that this sentence was appropriate given the circumstances of the case.

Orders

Orders of the court

Full text does not contain this section.

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.