R v Qinhua ZHONG [2024] NSWDC 461

District Court New South Wales

Medium Neutral Citation: R v Qinhua ZHONG [2024] NSWDC 461 Hearing dates: 13 September 2024 Date of orders: 13 September 2024 Decision date: 13 September 2024 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentence of imprisonment of 2 years and 4 months, with a non-parole period of 1 year and 3 months. Catchwords: CRIME – Child sex offences – Sexual intercourse with child >14<16 SENTENCING – Mitigating factors – Assistance to the authorities SENTENCING – Relevant factors on sentence - The offender's lack of knowledge concerning the age of consent Legislation Cited: Crimes Act 1900 (NSW), s 66C(3) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 23 Category: Sentence Parties: ODPP (NSW) (Crown)

Qinhua Zhong (Offender) Representation: Counsel: Ms F. Vella (Crown) Mr B. Neild SC (Offender)

Solicitors: Ms Christina Tsalidis (Crown) Mr Benjamin Goh (Offender) File Number(s): 2023/199021 Publication restriction: Non-publication order in respect of the victim's name

JUDGMENT

Introduction 1. The offender is to be sentenced, having pleaded guilty to the following offences, which are offences under s 66C(3) of the Crimes Act 1900 (NSW). 2. The first offence is an offence, that between 27 January 2023 and 7 April of that year, at Hornsby, the offender did have sexual intercourse with the victim, a child who is of or above the age of 14 years and under the age of 16 years, namely, 14 years. 3. When I sentence him on that offence he has acknowledged his guilt in relation to an offence which is on a Form 1, which relates to that offence, being an offence, that between 6 April 2023 and 24 April 2023, at Hornsby, he did have sexual intercourse with the same victim, at a time when she was under the age of 16 years, namely, 14 years. 4. The second offence that Mr Zhong is to be sentenced for is an offence that between 24 April 2023 and 20 June 2023, at Hornsby, he had sexual intercourse with the same victim, who again at that time was above the age of 14 years and under the age of 16 years. 5. In relation to the sentencing of the offender for that offence, he has acknowledged his guilt in relation to an offence that is on a Form 1 which relates to that second principal offence, and the offence on the Form 1 in this instance is sequence 4, which is in identical terms to the principal offence that he is to be sentenced for, which is sequence 3. 6. The maximum penalty for these two offences is ten years imprisonment and there is no applicable standard non-parole period.