CITATION: R v Yu [2003] NSWSC 1153 HEARING DATE(S): 24/11/03 - 26/11/03 JUDGMENT DATE:
4 December 2003JUDGMENT OF: Wood CJatCL at 1 DECISION: Sentence of Imprisonment for 5 years, to date from 11 September 2002. A non parole period of 2 years and 6 months, to date from 11 September 2002, and to expire 10 March 2005. CATCHWORDS: CRIMINAL LAW - sentence - manslaughter - plea of guilty - special circumstances. LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999CASES CITED: Regina v Alexander (1995) 78 A Crim R 141
R v Bolt [2001] NSWCCA 487
R v Hill (1981) 3 A Crim R, 397
R v Huang (2000) 113 A Crim R 386
R v Isaacs (1997) 41 NSWLR 374
R v Kanj [2000] NSWCCA 408
R v Shrestha (1991) 173 CLR 48
R v Whalen NSWCCA, 5 April 1991PARTIES :
Regina
Tai Zhu YuFILE NUMBER(S): SC 70033/03 COUNSEL: Mr P. Lynch (Crown)
Mr T. Molomby SCSOLICITORS: C K Smith (Crown)
S E O'Connor
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
Wood CJ at CL
Thursday 4 December 2003
70033/03 Regina v Tai Zhu Yu
SENTENCE
1 HIS HONOUR: On 24 November 2003, Tai Zhu Yu, entered a plea of guilty to an indictment charging him with the manslaughter, on 30 August 2002, of Jang Sig Seo, also known as Sung Il Park. He had been arraigned on 4 July 2003 on a charge of murder, to which he had pleaded not guilty. The plea to the lesser offence, which had been informally discussed, at least by the time of the arraignment, and then formally offered in October last, was accepted by the Crown in November, following a conference with the de facto partner of the deceased, and a review of the expert reports, to which I will refer. In those circumstances it can properly be regarded as an early plea to manslaughter.
Facts
2 The defendant, who is of a Korean background, and who came to Australia from China during the 2000 Olympics, was, at the time of the offence, working as a cleaner. By reason of their status as illegal immigrants, both he and his de facto partner Song Zhu Piao, who had followed him to Australia, were taken advantage of by the cleaning contractors for whom they worked, and who had come from a similar ethnic background. As a consequence they found themselves working extremely long hours for little pay, for which they often had a lengthy wait.
3 The deceased and his de facto partner Ah Kyung Choi, who was distantly related to the defendant, also came to Australia from China. They arrived in about 2002 and took up residence with the defendant and his de facto partner at their home in Dee Why. Work as cleaners was arranged for them through Jae Su Kim, who had been the principal, although not the sole, employer of the defendant and his partner.
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- AGLC
- R v Yu [2003] NSWSC 1153
- Case
- [2003] NSWSC 1153
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court was required to decide were the appropriate sentence for the defendant, and whether any special circumstances existed that warranted a departure from the standard sentencing principles. The court needed to balance the seriousness of the offence against any mitigating factors, as well as consider the principles of proportionality and deterrence in determining the appropriate penalty.
In delivering the judgment, the court considered the nature and circumstances of the offence, the character and background of the defendant, and any other relevant factors. The court found that the special circumstances of the case warranted a reduced sentence, taking into account the defendant's early guilty plea, remorse, and the impact of the incident on the victim's family. The court ultimately sentenced the defendant to a term of imprisonment, with a non-parole period, reflecting the seriousness of the offence while also considering the special circumstances of the case.
The court made orders for the defendant to be detained in custody and to serve the sentence as determined. The court also ordered that the defendant be given credit for any time spent on remand, and that any relevant authorities be notified of the sentence and its imposition.
Orders
Orders of the court
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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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