R v Zhou

[2020] NSWDC 266

District Court

New South Wales

Medium Neutral Citation:	R v Zhou [2020] NSWDC 266
Hearing dates:	19 March 2020
Decision date:	19 March 2020
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Term of imprisonment of 8 years with a non parole period of 6 years.
Catchwords:	CRIME - SENTENCE - discharging a firearm with intent to cause grievous bodily harm
Legislation Cited:	Crimes Act 1900 (NSW), s33A(1)(a)
Category:	Sentence
Parties:	Regina (Crown) Gui Jun Zhou (Offender)
Representation:	Mr Kotsis (Crown Prosecutor) Mr Brewer (Counsel for the offender)
File Number(s):	2017/00091952
Publication restriction:	Nil

judgment

1. Gui Jun Zhou you appear for sentence today in relation to one offence, that is discharging a firearm with intent to cause grievous bodily harm. This involves a contravention of s 33A(1)(a) of the Crimes Act. The maximum penalty for that offence is twenty‑five years in prison. There is a standard non‑parole period of nine years imprisonment.

2. You appear for sentence because a jury found you guilty of that offence in a trial which commenced on 14 August 2019.  There has been an unfortunate delay in the imposition of sentence but it is not necessary for me to go over the reasons at present. 

3. The facts surrounding your offending can be briefly stated; and I am satisfied of these following facts beyond reasonable doubt. 

4. On 26 March 2017 you were a few days short of your forty‑ninth birthday.  You were therefore a mature adult.  And before that date you had already acquired a significant criminal record to which I shall return. But for present purposes that criminal record included three firearms offences and you had previously been to gaol.

5. As at March 2017 there was a young man, Fred Ushakov, who was a friend of your family.  He called you “uncle” which indicates the closeness between you and him. 

6. Mr Ushakov, at that time, was the owner of a silver Audi motor vehicle.  Somehow (and in circumstances quite obscure) his motor vehicle came to be outside your house. You had the keys to it and it was there without Mr Ushakov’s permission. 

7. Mr Ushakov wanted his car back and, on the date to which I have been referring, he and two of his friends went to your house to get it. 

8. When they arrived, you were there in the backyard with a friend of yours. There was then an argument between you and your “nephew”.  He wanted his car and you said he owed you money. He denied owing you money and the argument went backwards and forwards.  Another friend of yours arrived during the course of this argument.

9. Ultimately, Mr Ushakov decided that it was pointless continuing to argue with you and he and his friends started to leave your premises. As that happened, you somehow obtained possession of a firearm (a black pistol if memory serves me correctly); and then, at relatively close range, you fired four shots at your "nephew". One of those shots entered his body. Remnants of that bullet remain there…