R v Ng (No 2) [2018] NSWDC 441

R v Ng (No 2) [2018] NSWDC 441

The appropriate sentence for the offender, convicted on the basis of accessorial liability and extended common purpose for wounding with intent to cause grievous bodily harm, is imprisonment. The offender’s culpability is lower than his co-offender’s, with the offending found to be objectively at the low range of seriousness for this offence. Aggravating factors included use of violence and a weapon, planning, and commission while on bond; mitigating factors included low risk of re-offending, positive rehabilitation prospects, and evidence of remorse. On parity and proportionality, a head sentence of four years with a non-parole period of two years and nine months is appropriate.

Parties
Crown: Regina; Offender: Trevor Ng
Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Sentence / Post Trial; Sentencing Following Jury Verdict
Outcome
Convicted and sentenced to a term of full-time imprisonment
Legal Topics
Sentencing, Intent to Cause Grievous Bodily Harm, Accessorial Liability
Criminal Law Sentencing Intent to Cause Grievous Bodily Harm Accessorial Liability

Case Brief

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Parties

Regina

Crown

Trevor Ng

Offender

Procedural Posture

Sentence / Post Trial; Sentencing Following Jury Verdict

Legal Issues

  1. 1 Appropriate sentence for accessorial liability in wounding with intent to cause grievous bodily harm
  2. 2 Determination of objective seriousness of the offending
  3. 3 Consideration of aggravating and mitigating factors for sentencing

Ratio Decidendi

The appropriate sentence for the offender, convicted on the basis of accessorial liability and extended common purpose for wounding with intent to cause grievous bodily harm, is imprisonment. The offender’s culpability is lower than his co-offender’s, with the offending found to be objectively at the low range of seriousness for this offence. Aggravating factors included use of violence and a weapon, planning, and commission while on bond; mitigating factors included low risk of re-offending, positive rehabilitation prospects, and evidence of remorse. On parity and proportionality, a head sentence of four years with a non-parole period of two years and nine months is appropriate.

Court Disposition

Convicted and sentenced to a term of full-time imprisonment

Orders

  • Non-parole period of two years and nine months commencing 2 March 2018 and expiring 1 December 2020
  • Head sentence of four years imprisonment expiring 1 March 2022