R v Wu - [2022] NZHC 1320

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-090-001068

[2022] NZHC 1320

THE QUEEN

v

DONGLAN WU

Hearing: 7 June 2022

Counsel:

RMA McCoubrey and P Clifford for Crown G J Newell for Defendant

Judgment:

7 June 2022

SENTENCING REMARKS OF DOWNS J

Solicitors/Counsel:
Crown Solicitor, Auckland. G J Newell, Auckland.

R v WU [2022] NZHC 1320 [7 June 2022]

Introduction

[1] Donglan Wu, you are for sentence on one charge of wounding with intent to cause really serious bodily harm. The maximum penalty for this crime is 14 years’ imprisonment. Obviously, the offence is serious. It typically results in a substantial sentence of imprisonment.

Facts

[2] You and your former husband separated December 2020. You left the family home March 2021. Shortly thereafter, the victim, Ms C, moved into the home as Mr Wu’s new partner.

[3] At some unspecified time, you threatened Mr Wu, saying you would make him suffer and he would regret it. You had, in or about February 2020, threatened to kill your son and commit suicide. You said you wanted to make headlines.

[4]In the early hours of 17 March 2021, you went to the home. You arrived at

3.10 am. Unsurprisingly, everyone was asleep. You moved two gas bottles from outside, entered the home, and placed them by Ms C’s bed.1 You opened the nozzle on each bottle, then left the room.

[5] Ms C got up to use the bathroom. You attacked her with a knife. Its blade was approximately 12 centimetres long. You cut her left forearm causing a five-centimetre injury. You cut her head—the laceration went to the bone. At some point, you plunged the knife into Ms C’s neck. This caused a severe, gaping wound of approximately eight centimetres.

[6] Others came to Ms C’s aid. Police were swiftly called immediately. You declined to comment. You were charged the same day.

[7] Ms C lost a lot of blood. Her injuries required surgery. She has permanent scars on her arm and neck. She could not work for a month and has undergone

1 The summary of facts does not say the gas bottles were outside, but this seems the only sensible conclusion.

extensive rehabilitation. Ms C remains traumatised by what you did. Unsurprisingly, she lives in fear and anxiety.

Starting point

Aggravating factors

[8] Everyone agrees several things make your offending more serious. You invaded a home; used a weapon; and inflicted serious injury.2 It is also common ground your offending involved extreme violence.3

[9] The prosecution says your offending is also more serious because it was premeditated. Through your lawyer, you acknowledge “an element of premeditation” only. You rely on what you told a psychologist. You said you went to the home as you could not sleep, intending to take your son to school later that morning. You said you became extremely angry only when you saw the victim’s car parked in the driveway.

[10] Your offending involved…

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 Wu

Details

AGLC: R v Wu [2022] NZHC 1320
Case: [2022] NZHC 1320
Decision Date: 7 June 2022

CaseChat Overview and Summary

In the case of R v Wu, Donglan Wu was sentenced for the offence of wounding with intent to cause really serious bodily harm to Ms C, the former partner of Wu's ex-husband. The incident occurred in the early hours of 17 March 2021, when Wu entered the home where Ms C was sleeping, moved two gas bottles into the bedroom, opened their nozzles, and then attacked Ms C with a knife, causing serious injuries. Wu was charged and subsequently pleaded guilty to the original offence of wounding with intent.

The court was tasked with determining an appropriate sentence for Wu, considering both aggravating and mitigating factors. The court recognised that Wu's actions were premeditated, involved extreme violence, and were carried out with a weapon. Additionally, Wu had a history of making threats and had previously threatened to kill her son and commit suicide. However, the court also took into account mitigating factors such as Wu's guilty plea, her age, and the likelihood of her rehabilitation. The court ultimately determined a starting point of 10 years' imprisonment, taking into consideration various discounts for factors such as the guilty plea and Wu's background.

The court sentenced Wu to a term of imprisonment of five years and three months for the offence of wounding with intent to cause really serious bodily harm to Ms C. The court also made a protection order in relation to the victim. The court invited the parties to file a joint memorandum to resolve any issues regarding the attempted murder charge that had not been dismissed as previously understood.

Orders