R v Yu [2003] NSWSC 1153

R v Yu [2003] NSWSC 1153

The Court found that the stab wounds were caused without any specific intent to cause grievous bodily harm and that the defendant's continued holding of the knife during the struggle was an unlawful and dangerous act. The Court also found that the defendant did not use the golf clubs with the specific intent alleged by the Crown because exhaustion, sleep deprivation, extreme provocation and alcohol left him acting wildly and totally out of control. The offence was therefore approached as manslaughter by an unlawful and dangerous act, with exceptional circumstances placing objective criminality at a relatively low level. The defendant's favourable subjective circumstances, remorse, early...

Jurisdiction
Australia
Judgment Date
04 December 2003
Procedural Posture
Criminal Sentence for Manslaughter / Sentence Following Plea of Guilty
Outcome
The defendant was sentenced for manslaughter to imprisonment for 5 years with a non-parole period of 2 years and 6 months.
Legal Topics
['manslaughter' 'plea of Guilty' 'unlawful and Dangerous Act Manslaughter' 'provocation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'plea of Guilty' 'unlawful and Dangerous Act Manslaughter' 'provocation' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['Whether the manslaughter should be approached as provocation manslaughter or manslaughter by an unlawful and dangerous act.' "How the defendant's intoxication, sleep deprivation, provocation, cultural circumstances and subjective circumstances affected objective criminality and sentence." 'Whether special circumstances justified a reduced non-parole period.']

Ratio Decidendi

The Court found that the stab wounds were caused without any specific intent to cause grievous bodily harm and that the defendant's continued holding of the knife during the struggle was an unlawful and dangerous act. The Court also found that the defendant did not use the golf clubs with the specific intent alleged by the Crown because exhaustion, sleep deprivation, extreme provocation and alcohol left him acting wildly and totally out of control. The offence was therefore approached as manslaughter by an unlawful and dangerous act, with exceptional circumstances placing objective criminality at a relatively low level. The defendant's favourable subjective circumstances, remorse, early...

Court Disposition

The defendant was sentenced for manslaughter to imprisonment for 5 years with a non-parole period of 2 years and 6 months.

Orders

  • ['Tai Zhu Yu, for the manslaughter of Jang Sig Seo, also known as Sung Il Park, is sentenced to imprisonment for 5 years to date from 11 September 2002.' 'A non-parole period of 2 years and 6 months is fixed, also to date from 11 September 2002, and to expire on 10 March 2005.']