R v Yee (a pseudonym) [2019] NSWDC 326

R v Yee (a pseudonym) [2019] NSWDC 326

Given the mid-range seriousness of the grievous bodily harm offence and the slightly below mid-range seriousness of the choking offence, together with the offender's plea of guilty, lack of prior offences, genuine remorse, and special circumstances (problems with English and social isolation), the appropriate sentences are 7 years 6 months imprisonment (non-parole period 4 years) for grievous bodily harm, and 3 years fixed term for intentional choking, to be served totally concurrently.

Parties
Crown: Regina; Offender: Yee (a pseudonym)
Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Criminal / Sentence
Outcome
Imprisonment imposed; sentences to be served concurrently.
Legal Topics
Grievous Bodily Harm, Intentional Choking, Domestic Violence, Sentencing, Special Circumstances
Criminal Law Grievous Bodily Harm Intentional Choking Domestic Violence Sentencing Special Circumstances

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Parties

Regina

Crown

Yee (a pseudonym)

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for causing grievous bodily harm with intent in the circumstances?
  2. 2 What is the appropriate sentence for intentionally choking a person with recklessness in a domestic violence context?
  3. 3 Should the sentences be served concurrently or cumulatively?

Ratio Decidendi

Given the mid-range seriousness of the grievous bodily harm offence and the slightly below mid-range seriousness of the choking offence, together with the offender's plea of guilty, lack of prior offences, genuine remorse, and special circumstances (problems with English and social isolation), the appropriate sentences are 7 years 6 months imprisonment (non-parole period 4 years) for grievous bodily harm, and 3 years fixed term for intentional choking, to be served totally concurrently.

Court Disposition

Imprisonment imposed; sentences to be served concurrently.

Orders

  • For the offence of causing grievous bodily harm, 7 years 6 months' imprisonment with a non-parole period of 4 years from 28 September 2017, expiring 27 September 2021.
  • Balance of term (3 years 6 months) from 28 September 2021 to 27 March 2025.