R v Jung; R v Tonazzi [2021] NSWDC 289

District Court New South Wales

Medium Neutral Citation: R v Jung; R v Tonazzi [2021] NSWDC 289 Hearing dates: 11, 18 June 2021 (Sentence Hearing) Date of orders: 02 July 2021 Decision date: 02 July 2021 Jurisdiction: Criminal Before: R. J. Weber SC DCJ Decision: At [85] and [86]. Catchwords: CRIME — Violent offences — Recklessly cause grievous bodily harm in company SENTENCING — Co-offenders — Joint sentence proceedings SENTENCING — Relevant factors on sentence — Objective seriousness – Where the victim's injuries are serious and permanent SENTENCING — Mitigating factors — Good character — No record of previous convictions — Not part of a planned or organised criminal activity — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend SENTENCING — Mitigating factors — Provocation – Where a perceived racial slight made hours earlier provides context for offending behaviour SENTENCING — Relevant factors on sentence — Moral culpability – Where mental health issues are causative to offending behaviour SENTENCING — Penalties — Intensive correction orders – Whether head sentence would preclude consideration of an intensive correction order – Whether a sentence of imprisonment is appropriate to be served in the community – Where the interests of justice are best served by the offenders' serving a term of imprisonment within the community Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Biddle v R [2017] NSWCCA 128 at [68] Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1 Lawson v R [2018] NSWCCA 215 at [35] Markarian v The Queen (2005) 228 CLR 357 at [51] MDZ v R [2011] NSWCCA 243 at [67] Pullen v R [2018] NSWCCA 264, 275 A Crim R 509 at [89] R v Douglas [2007] NSWCCA 31 at [12] Tepania v R [2018] NSWCCA 247, 275 A Crim R 233, at 258 [112] Waterfall v R [2019] NSWCCA 281 at [33], [38] Yun v R [2017] NSWCCA 317 at [47] Texts Cited: New South Wales, Bills – Second Reading, Legislative Assembly, 11 October 2017, 472, (Mark Speakman SC, Attorney-General) Category: Sentence Parties: Regina Jae Guen Jung (Offender) Adam Tonazzi (Offender) Representation: Counsel: Mr A. Terracini (Crown Prosecutor) S.J. Odgers SC, with Mr Nematalla (Counsel for the Offender Jung) P. Boulten SC, with Mr McMahon (Counsel for the Offender Tonazzi)