R v Shim

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.