R v He [2024] NSWSC 417

Supreme Court New South Wales

Medium Neutral Citation: R v He [2024] NSWSC 417 Hearing dates: 2 and 3 April 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The offender is convicted of the murder of Liquin Pan. (2) The offender is sentenced to imprisonment for a term of 20 years comprising a non-parole period of 13 years commencing on 20 January 2021 and expiring on 19 January 2034, with a balance term of 7 years commencing on 20 January 2034 and expiring on 19 January 2041. (3) The earliest date upon which the offender will be eligible for release to parole is 19 January 2034. Catchwords: CRIMINAL LAW – Sentencing following guilty plea to murder – gravity of offence – killed young girlfriend with whom he lived – jumped over balcony and fell four storeys sustaining very serious traumatic brain injury and physical injuries – violent, merciless attack using a hammer and two knives – intention to kill – drug-induced psychosis – whether such condition present at the time of the murder – whether offender drug intoxicated by nitrous oxide use at the time of the murder – psychiatrists' opinions – satisfied on the balance of probabilities that the offender had transient drug-induced psychosis at the time of the murder – marginal reduction in objective seriousness – mildly reduced moral culpability – early guilty plea – entitled to a 25% reduction in sentence – no remorse – feigned lack of memory of events – special circumstances given serious self-inflicted physical injuries and traumatic brain injury Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Cheung v R (2001) 209 CLR 1; [2001] HCA 67 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v He [2022] NSWSC 847 R v Quinn (No. 3) [2016] NSWSC 1699 R v Smith (1987) 44 SASR 587 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Principal judgment Parties: Rex (Crown) Weijie He (Offender) Representation: Counsel: R Kotsis (Crown) G Harrison (Offender)