R v Cao [2019] NSWDC 829

R v Cao [2019] NSWDC 829

Given the offender's significant and chronic mental illness which materially contributed to the offending, her moral culpability is substantially reduced, and neither general nor specific deterrence are primary sentencing considerations. The objective seriousness is high due to the vulnerability of the child victim and breach of trust, but the s 5 threshold (requiring full-time imprisonment) is not met. A community-based sentence with supervision and treatment is appropriate.

Parties
Crown: Regina; Offender: Zhenzhen Angela Cao
Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction; Community Corrections Order
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Mental Health in Sentencing, Domestic Violence Against Children
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Mental Health in Sentencing Domestic Violence Against Children

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Parties

Regina

Crown

Zhenzhen Angela Cao

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for assault occasioning actual bodily harm by an offender with significant mental illness
  2. 2 Consideration of mental illness in mitigation of sentence
  3. 3 Assessment of objective seriousness

Ratio Decidendi

Given the offender's significant and chronic mental illness which materially contributed to the offending, her moral culpability is substantially reduced, and neither general nor specific deterrence are primary sentencing considerations. The objective seriousness is high due to the vulnerability of the child victim and breach of trust, but the s 5 threshold (requiring full-time imprisonment) is not met. A community-based sentence with supervision and treatment is appropriate.

Court Disposition

Conviction; Community Corrections Order

Orders

  • The offender is convicted pursuant to her plea of guilty to assault occasioning actual bodily harm.
  • A Community Corrections Order is made for two years with standard and additional conditions.