SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 936 of 2007
| THE QUEEN |
| v |
| ZI WEI ZHANG |
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JUDGES: | MAXWELL P and BUCHANAN JA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 13 October 2009 | |
DATE OF JUDGMENT: | 13 October 2009 | |
MEDIUM NEUTRAL CITATION: | [2009] VSCA 236 | |
JUDGMENT APPEALED FROM: | [2007] VSC 505 (Teague J) | |
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Criminal law – Sentence – Intentionally causing serious injury – Personality disorder – No impaired mental functioning – Remorse – Youthful offender – Sentence of six years and six months’ imprisonment with a minimum term of four years’ imprisonment not manifestly excessive.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr T Gyorffy | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Appellant | Ms F L Dalziel | Victoria Legal Aid (Bendigo) |
MAXWELL P:
I will invite Buchanan JA to deliver the first judgment.
BUCHANAN JA:
On 1 June 2006 the appellant, who is now aged 24 years, lived in his parents house at Forest Hill. The appellant was born in China and was brought to Australia by his parents in 1991. His parents for some years had spent a large part of their time in China, leaving the appellant in the family home. His parents were medical practitioners. The appellant and his parents were friends with another Chinese family who also lived in Forest Hill. The family consisted of a youth, Wei Tong Li, who was a contemporary of the appellant, and his parents. The appellant and Wei Tong Li were quite close friends.
On the night of 1 June 2006 the appellant went to the house of Wei Tong Li to use his computer to access the internet. Wei Tong Li moved aside to allow the appellant to use the computer after which Wei Tong Li used the computer himself. Behind his back, the appellant took a knife from a bag he was carrying. The appellant put the blade of the knife to the front of Wei Tong Li's neck and cut the skin, moving the blade back and forth across his neck. The appellant used his left hand to hold Wei Tong Li down. Wei Tong Li grabbed the blade of the knife, badly cutting his hands as he grappled with the appellant. Wei Tong Li called for his father, Er Lu Li, who rushed to assist him. Er Lu Li grabbed the appellant from behind. The appellant bit his wrist. The father and son gained control and the appellant ceased to struggle.
When the police arrived the appellant ran away. The appellant cooperated with the police although he was unable to give any logical explanation for his assault upon Wei Tong Li and his father.
The appellant was arraigned in the Supreme Court on a presentment containing a count of attempted murder, a count of intentionally causing serious
injury to Wei Tong Li and a count of intentionally causing injury to Er Lu Li. The appellant pleaded not guilty to the charge of attempted murder.
At the conclusion of the trial, the jury returned…
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- AGLC
- R v Zhang [2009] VSCA 236
- Case
- [2009] VSCA 236
- Decision Date
CaseChat Overview and Summary
The court considered the personality disorder and lack of impaired mental functioning, which indicated that Zhang's capacity to control his actions was not significantly diminished at the time of the offence. However, the court also noted Zhang's remorse and his status as a youthful offender, which were mitigating factors. In weighing these considerations against the gravity of the offence, the court determined that a sentence of six years and six months’ imprisonment with a minimum term of four years’ imprisonment was appropriate. The court held that this sentence was not manifestly excessive, taking into account all relevant factors.
The Supreme Court of Victoria ultimately upheld the sentence imposed by the lower court, finding that it was within the appropriate range for the offence committed. The court concluded that the sentence reflected a fair balance between the need for punishment and deterrence, and the mitigating factors present in Zhang's case. The court did not find any errors in the sentencing process or the weight given to the various factors considered.
The final orders of the court were to confirm the sentence imposed by the lower court, with no appeal against the sentence to be allowed. The court also ordered that Zhang be given credit for time served in custody prior to the imposition of the sentence. The decision provides guidance on the appropriate approach to sentencing in cases involving personality disorders, remorse, and youthful offenders, and reinforces the importance of balancing the various factors involved in determining an appropriate sentence.
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