R v Shim - [2016] NZHC 1912

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 Defendant

Sentenced:

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[Addendum: Mr Douch confirmed that the alternative charges are to be withdrawn.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,…

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 Shim

Details

AGLC: R v Shim [2016] NZHC 1912
Case: [2016] NZHC 1912
Decision Date: 17 August 2016

CaseChat Overview and Summary

Sang Kyu Shim was sentenced for the attempted murder of a friend, Mr Koh, and the wounding with intent to cause grievous bodily harm of his former wife, Ms Yoo. Shim had pleaded guilty to both charges. Shim believed that Mr Koh had formed a relationship with his estranged wife, and Shim attacked Mr Koh with a multi-tool, causing serious injuries. Shim then drove to Ms Yoo's house and stabbed her with a corkscrew, but his attack was interrupted by her daughter. Shim drove Ms Yoo to the hospital where he was arrested. Shim argued that the two attacks should be considered as one series of events, while the Crown argued for separate sentences for each charge. The court rejected Shim's argument, finding the two attacks to be distinct incidents. The court found that the attack on Mr Koh involved a prolonged attack, pursuit, and serious injuries, placing the attempted murder at the top of band two or the bottom of band three of the Court of Appeal's analysis in R v Taueki. The court imposed a sentence of six years and seven months imprisonment for the attempted murder charge, after applying a 20% discount for Shim's guilty plea and personal mitigating factors. The court imposed a sentence of five years imprisonment for the wounding charge, also after applying a 20% discount for the guilty plea and personal mitigating factors. The sentences were to be served concurrently.

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