IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2015-019-6611 [2016] NZHC 1912
THE QUEEN
v
SANG KYU SHIM
Hearing: 17 August 2016 Appearances:
R G Douch for Appellant
M Bates for DefendantSentenced:
17 August 2016
SENTENCE OF CLARK J
Solicitors:
Crown Solicitor, Hamilton
R v SHIM [2016] NZHC 1912 [17 August 2016]
[Addendum: Mr Douch confirmed that the alternative charges are to be withdrawn. Accordingly, I record the formal withdrawal of charge two, wounding with intent to cause grievous bodily harm, and charge three, attempted murder.]
[1] Mr Shim, you appear for sentence today having pleaded guilty to one charge of attempted murder and one charge of wounding with intent to cause grievous bodily harm.1
[2] An agreed summary of facts was tendered on your guilty pleas. While I do not need to recite that summary I do need to refer to the factual background and to those facts which particularly influence and relate to the sentence I will impose today.
Facts
[3] One of the victims in this matter is your former wife who you married on
18 September 2014. You had been resident in New Zealand for 21 years. Ms Yoo was a recent immigrant to New Zealand. The two of you parted when your marriage broke down.
[4] By late 2015 you had come to believe that your estranged wife had formed a relationship with Mr Koh, your long-term friend.
[5] On the afternoon of 21 November 2015 you were driving and you came across Mr Koh who was returning to his home. You followed him home and confronted him at his address. Mr Koh’s two daughters, aged 19 and 15, and his sister were inside. You spoke with Mr Koh about his relationship with your estranged wife and during this time you became angry. You took from your jacket pocket a metal multi-tool and began to strike Mr Koh with it. He was struck around his neck, chest and shoulder area several times and was severely injured. At a later interview you apparently revealed that you had used the pliers in the multi-tool to
assault Mr Koh.
1 Crimes Act 1961, s 173 and s 188(1).
[6] Mr Koh attempted to flee and seek assistance at a neighbouring property. You chased him into the garage of this property and caught him there. There was a further struggle on the garage floor and again you stabbed Mr Koh several times. He managed to obtain possession of the multi-tool and broke free and ran into the neighbouring house. You returned to your vehicle and quickly left the scene. Mr Koh’s injuries were extensive. I shall return to these. He was admitted to hospital on the day of the attack and discharged nine days later.
[7] You drove from Mr Koh’s address to Ms Yoo’s. You took from your vehicle a wooden-handled corkscrew and set about finding a way into the house. You entered through an unlocked side door. Ms Yoo was home with her children,…
Continue reading R v Shim
Sign in free to access the full text
- AGLC
- R v Shim [2016] NZHC 1912
- Case
- [2016] NZHC 1912
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that Shim was sentenced to six years and seven months imprisonment for the attempted murder charge and five years imprisonment for the wounding charge, to be served concurrently.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.