R v Loeung [2019] NSWSC 1172

R v Loeung [2019] NSWSC 1172

Count 6 warranted a sentence of imprisonment because, despite very substantial mitigation and low objective seriousness, the offence involved intentional wounding with intent to inflict grievous bodily harm, a maximum penalty of 25 years and a standard non-parole period of 7 years. However, the offending was not proved to be retaliatory, occurred momentarily in confusing and distressing circumstances after the offender and his home had been attacked, was consistent with excessive self-defence and extreme provocation, and the offender had prior good character, very low risk of reoffending and very good prospects of rehabilitation. Community safety and the offender's risk of reoffending...

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Criminal Sentencing / Sentence After Jury Trial and Convictions on Counts 6 and 7
Outcome
The offender was convicted on count 6 and sentenced to 20 months imprisonment to be served by way of an Intensive Correction Order, and was convicted on count 7 with no other penalty imposed under s 10A.
Legal Topics
['wounding With Intent to Inflict Grievous Bodily Harm' 'being Armed With a Weapon With Intent to Commit an Indictable Offence' 'self Defence' 'joint Criminal Enterprise' 'objective Seriousness' 'mitigating Factors' 'intensive Correction Order' 'parity']
['criminal Law' 'sentencing'] ['wounding With Intent to Inflict Grievous Bodily Harm' 'being Armed With a Weapon With Intent to Commit an Indictable Offence' 'self Defence' 'joint Criminal Enterprise' 'objective Seriousness' 'mitigating Factors' 'intensive Correction Order' 'parity']

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Procedural Posture

Criminal Sentencing / Sentence After Jury Trial and Convictions on Counts 6 and 7

Legal Issues

  1. 1 ["Whether the offender's wounding of Mr Nguyen on count 6 was retaliatory, provoked, or excessive self-defence for the purpose of assessing objective seriousness." 'Whether the objective seriousness of count 6 and count 7 fell in the low range.' 'Whether the s 5 imprisonment threshold was crossed for count 6.' 'Whether the 20 month sentence for count 6 should be served by way of an Intensive Correction Order.' 'Whether count 7 should be dealt with without conviction or with no other penalty.']

Ratio Decidendi

Count 6 warranted a sentence of imprisonment because, despite very substantial mitigation and low objective seriousness, the offence involved intentional wounding with intent to inflict grievous bodily harm, a maximum penalty of 25 years and a standard non-parole period of 7 years. However, the offending was not proved to be retaliatory, occurred momentarily in confusing and distressing circumstances after the offender and his home had been attacked, was consistent with excessive self-defence and extreme provocation, and the offender had prior good character, very low risk of reoffending and very good prospects of rehabilitation. Community safety and the offender's risk of reoffending...

Court Disposition

The offender was convicted on count 6 and sentenced to 20 months imprisonment to be served by way of an Intensive Correction Order, and was convicted on count 7 with no other penalty imposed under s 10A.

Orders

  • ['In relation to count 6 the offender is convicted and sentenced to imprisonment for a period of 20 months to commence today, 30 August 2019. The full term of the sentence will expire on 29 April 2021.' 'Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed on the offender is...