R v Zhou

[2020] NSWDC 343

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Zhou [2020] NSWDC 343

Hearing dates:

6 March 2020

Decision date:

06 March 2020

Jurisdiction:

Criminal

Before:

King SC DCJ

Decision:

Convicted.

Sentenced to a total term of imprisonment of 4 years comprising a NPP of 2 years and 6 months to commence 24/8/18 and expire on 23/2/21 and a balance of term of 1 year and 6 months to commence on 24/2/21 and expire on 23/8/22.

Catchwords:

CRIME – Sentence - recklessly cause grievous bodily harm – injuries to victim – aggravating feature - seriousness of offence – subjective matters

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v Chisari [2006] NSWCCA 19

R v Dickinson [2004] NSWCCA 457

R v Hampton [1999] NSWCCA 341

Thomson & Houlton (2000) 49 NSWLR 383

Category:

Sentence

Parties:

Regina
Zhou, Zhanlong

Representation:

Counsel:
Defence: Mr M Breeze

Solicitors:
Crown: Ms I Maxwell-Williams
Defence: Ms Sarah Rashidi, Alpha Law Practice

File Number(s):

2018/00261306

Judgment

1. In this matter, Zhanlong Zhou appears for sentence in respect of a single offence, being recklessly cause grievous bodily harm contrary to s 35(2) of the Crimes Act 1900. The maximum penalty provided is 10 years’ imprisonment and there is a standard non-parole period of four years. Although this was a plea of guilty, the standard non-parole period remains relevant as a guidepost.

2. The offender was committed for sentence on 11 December 2019 from the Burwood Local Court. The plea of guilty was at the earliest opportunity and he is accordingly entitled to a discount for the utility of the plea alone of 25%. Thomson & Houlton (2000) 49 NSWLR 383.

3. The date of the offence was 23 August 2018 and he was arrested on the following day, 24 August 2018. He has been in custody since 24 August 2018 until today, only in relation to this offence. Accordingly, I note that the sentence imposed will commence from the date of his arrest, 24 August 2018.

4. The facts are agreed and are as follows:

BACKGROUND

5. The offender, who is now 32 years of age, and the victim, Mr Dong, who was some five years younger than the offender, knew each other. They are both Chinese nationals and were employed as gyp-rockers in Australia.

6. The victim and the offender would often meet in social settings, sharing meals and drinks and on occasion playing cards together. They also worked together. Another friend, a Mr Song, would often meet up with them and they would socialise.

THE OFFENCE

7. On 23 August 2018, the offender finished work between 4.30 and 5pm. He and Mr Song shared a lift with two other co-workers to a noodle restaurant known as “Master Guo” on Beamish Street, Campsie. Once there, the four men contributed to the purchase of a case of 24 Chinese brand beers, the alcohol by volume being 4.5%, which amounted to 1.2 standard drinks per bottle or can, and a Chinese brand wine which had…