NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Zhou [2020] NSWDC 343 Hearing dates: 6 March 2020 Decision date: 06 March 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Sentenced to a total term of imprisonment of 4 years comprising a NPP of 2 years and 6 months to commence 24/8/18 and expire on 23/2/21 and a balance of term of 1 year and 6 months to commence on 24/2/21 and expire on 23/8/22. Catchwords: CRIME – Sentence - recklessly cause grievous bodily harm – injuries to victim – aggravating feature - seriousness of offence – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Chisari [2006] NSWCCA 19 R v Dickinson [2004] NSWCCA 457 R v Hampton [1999] NSWCCA 341 Thomson & Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina Zhou, Zhanlong Representation: Counsel: Defence: Mr M Breeze
Solicitors: Crown: Ms I Maxwell-Williams Defence: Ms Sarah Rashidi, Alpha Law Practice File Number(s): 2018/00261306
Judgment 1. In this matter, Zhanlong Zhou appears for sentence in respect of a single offence, being recklessly cause grievous bodily harm contrary to s 35(2) of the Crimes Act 1900. The maximum penalty provided is 10 years' imprisonment and there is a standard non-parole period of four years. Although this was a plea of guilty, the standard non-parole period remains relevant as a guidepost. 2. The offender was committed for sentence on 11 December 2019 from the Burwood Local Court. The plea of guilty was at the earliest opportunity and he is accordingly entitled to a discount for the utility of the plea alone of 25%. Thomson & Houlton (2000) 49 NSWLR 383. 3. The date of the offence was 23 August 2018 and he was arrested on the following day, 24 August 2018. He has been in custody since 24 August 2018 until today, only in relation to this offence. Accordingly, I note that the sentence imposed will commence from the date of his arrest, 24 August 2018. 4. The facts are agreed and are as follows:
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