R v Zhou [2020] NSWDC 266

R v Zhou [2020] NSWDC 266

Given the serious nature of the offending, prior criminal history, lack of remorse, diagnosis of Intermittent Explosive Disorder, and limited rehabilitative prospects, a full-term sentence of imprisonment of 8 years with a non-parole period of 6 years is appropriate in order to protect the public, deter the offender and others, and offer some encouragement of rehabilitation.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Guilty; sentenced to 8 years fulltime imprisonment with a non-parole period of 6 years.
Legal Topics
['sentencing' 'firearms Offences' 'grievous Bodily Harm']
['criminal Law'] ['sentencing' 'firearms Offences' 'grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 ['What is the appropriate sentence for discharging a firearm with intent to cause grievous bodily harm under s 33A(1)(a) of the Crimes Act 1900 (NSW)?']

Ratio Decidendi

Given the serious nature of the offending, prior criminal history, lack of remorse, diagnosis of Intermittent Explosive Disorder, and limited rehabilitative prospects, a full-term sentence of imprisonment of 8 years with a non-parole period of 6 years is appropriate in order to protect the public, deter the offender and others, and offer some encouragement of rehabilitation.

Court Disposition

Guilty; sentenced to 8 years fulltime imprisonment with a non-parole period of 6 years.

Orders

  • ['The sentence is backdated by 909 days to account for time in custody.' 'Non-parole period to commence 22 September 2017, expire on 21 September 2023; balance of term from 22 September 2023 to 21 September 2025.']