R v Chen - [2023] NZHC 1947

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2022-044-000104

[2023] NZHC 1947

THE KING

v

CHAO CHEN

Hearing: 25 July 2023

Appearances:

F Culliney for Crown

L Cordwell for Defendant

Sentenced:

25 July 2023

SENTENCING NOTES OF VENNING J

Solicitors: Crown Solicitor, Meredith Connell, Auckland Counsel: L Cordwell, Auckland
Copy to: C Kapitan, NZME
S Braunias, NZ Herald

R v CHEN [2023] NZHC 1947 [25 July 2023]

[1] Chao Chen, you are for sentence this morning because you killed Lele He. Following trial the jury found you not guilty of murder but guilty of manslaughter.

[2] In the early hours of the morning on Wednesday, 12 January 2022, you drove to Mr Li’s house at Vinewood Drive, Albany. Mr Li and Mr He (the victim) were there. You were all known to each other. On the previous evening Mr Li and Mr He had a meal during the course of which Mr He gained the impression you had said words to the effect that he was stubborn. This upset Mr He. He sent you WeChat messages after midnight on his return to Mr Li’s home and then there were telephone calls between you. You initially did not want to meet Mr He that night but after speaking to Mr Li you went to Mr Li’s property to confront Mr He.

[3] When you arrived at the property Mr Li met you and shortly after Mr He appeared. You and Mr He then engaged in what became a very heated argument which took place mainly on the grass verge with Mr Li trying to keep the two of you off the road. Both you and Mr He were angry. You exchanged abuse. There was a bit of pushing and shoving. At one stage you went back to your car and took a knife from your fishing kit and brought it back to the confrontation with Mr He. Mr Li took the knife off you. The argument between you and Mr He continued. At some point you turned to leave. However one abusive comment Mr He made to you upset you so much you grabbed the knife from Mr Li, lashed out at Mr He, and stabbed him in the left shoulder area. The stab was in a downward motion and was inflicted with enough force that it entered Mr He’s chest cavity and severed an artery. Mr Li and you immediately called emergency services and both of you attempted to give Mr He assistance. Despite that he died in the ambulance on the way to hospital.

[4] In fixing the appropriate sentence for you the Court has regard to the purposes and principles of the Sentencing Act 2002. In this case the principal purposes are:

(a)to promote in you a sense of responsibility and accountability for your actions and harm caused to the deceased, his family and the community;

(b)to provide for the interests of the deceased’s family as victims of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Chen

Details

AGLC: R v Chen [2023] NZHC 1947
Case: [2023] NZHC 1947
Decision Date: 25 July 2023

CaseChat Overview and Summary

Chao Chen was sentenced in the High Court of New Zealand for the manslaughter of Lele He. The defendant was found not guilty of murder but guilty of manslaughter following a trial. The incident occurred on 12 January 2022 when Chen drove to a property where Lele He was present. The two had a heated argument, during which Chen stabbed He with a knife, resulting in He's death. The court had to determine an appropriate sentence considering the purposes and principles of the Sentencing Act 2002, focusing on accountability, the impact on the victim's family, denunciation, and the defendant's potential for rehabilitation.

The legal issues involved assessing the gravity of the offence, Chen's culpability, and any mitigating factors that could affect the sentence. The court had to weigh aggravating factors, such as the use of a weapon and the extent of the harm caused, against mitigating factors including the degree of provocation and Chen's offer to plead guilty to manslaughter at an early stage. The court considered a range of comparable cases to establish a suitable starting point for sentencing and then applied deductions for the mitigating factors presented.

In its reasoning, the court acknowledged the seriousness of the offence, noting that Chen's actions led to the loss of another person's life. It considered the impact on He's family as outlined in the victim impact statement. Chen's lack of previous convictions, his limited English proficiency, and his genuine remorse were also taken into account. The court determined that a starting point of eight years' imprisonment was appropriate, with a reduction of nearly 37 per cent due to the mitigating factors. The final sentence imposed was five years' imprisonment.

The court ordered Chao Chen to serve five years in imprisonment for the manslaughter of Lele He. The decision was made considering the purposes of sentencing, the gravity of the offence, and the mitigating factors presented. No minimum non-parole period was deemed necessary.

Orders