R v Liu [2020] NSWDC 698

R v Liu [2020] NSWDC 698

The offender's planned attempt to kill Mr Peng by cutting his throat with a knife was a midrange offence of wound with intent to murder, and his violent knife intimidation of his former wife in her home was in the upper range. The offences were aggravated by planning, use of violence, use of a knife, prior domestic violence against the same victim, and commission in the victims' home. With specific and general deterrence fully engaged, guarded prospects of reoffending, no finding of remorse, partial accumulation for two victims, totality, and a 5% discount for the late guilty plea, an aggregate sentence of 13 years and 6 months with a non-parole period of 10 years was appropriate.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Aggregate term of imprisonment of 13 years 6 months with a non-parole period of 10 years.
Legal Topics
['wound With Intent to Murder' 'intimidation' 'domestic Violence' 'aggregate Sentence' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['wound With Intent to Murder' 'intimidation' 'domestic Violence' 'aggregate Sentence' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for wound with intent to murder contrary to s 27 of the Crimes Act 1900 (NSW).' 'What sentence should be imposed for intimidation contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).' 'Whether the offences required partial accumulation because there were two victims.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offender's planned attempt to kill Mr Peng by cutting his throat with a knife was a midrange offence of wound with intent to murder, and his violent knife intimidation of his former wife in her home was in the upper range. The offences were aggravated by planning, use of violence, use of a knife, prior domestic violence against the same victim, and commission in the victims' home. With specific and general deterrence fully engaged, guarded prospects of reoffending, no finding of remorse, partial accumulation for two victims, totality, and a 5% discount for the late guilty plea, an aggregate sentence of 13 years and 6 months with a non-parole period of 10 years was appropriate.

Court Disposition

Aggregate term of imprisonment of 13 years 6 months with a non-parole period of 10 years.

Orders

  • ['The offender is sentenced to an aggregate term of imprisonment of 13 years and 6 months.' 'A non-parole period of 10 years imprisonment is fixed to date from 31 December 2018 and expire on 30 December 2028.' 'A balance of 3 years and 6 months is fixed to date from 31 December 2028 and expire on 30 June 2032.'...