Police V Le [2008] NSWLC 18

Local Court of New South Wales

CITATION: Police V Le [2008] NSWLC 18

JURISDICTION: Criminal

PARTIES: Police Le

FILE NUMBER: 20238892/08

PLACE OF HEARING: Downing Centre

DATE OF DECISION:

MAGISTRATE: Chief Magistrate G L Henson

CATCHWORDS: Malicious Wounding - Assault Occasioning Actual Bodily Harm – plea of guilty – remorse

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R-v- Carroll [2008] NSWCCA 218 R –v- Dib [2003] NSWCCA 117 R –v- Dickinson [2004] NSWCCA 457 R –v- Doan (2000) 50 NSWLR 115 R –v- Moore [2005] NSWCCA 407 CASES CITED: R –v- Palu (2002) 134 A Crim R 174 R –v- Stambolis [2006] NSWCCA 56 R –v- Thomson & Houlten (2000) 49 NSWLR 383 R –v- Underhill CCA 9 May 1986 R –v- Williams (1990) 50 A Crim R 213 The Queen –v- Dodd (1991) 57 A Crim R 349

TEXTS CITED:

REPRESENTATION:

ORDERS:

Sentencing Remarks 15th October 2008 1. On 2nd July 2007 the offender was arrested and charged with a variety of offences arising out of an incident on 8th April 2007 at licensed premises known as the Cabramatta Inn. These premises are located in Railway Parade at Cabramatta. It is clear from the statement of agreed facts that the premises were used on that date as a meeting place for discussions between the victim of the charge of malicious wounding, Vinh Cao and a person by the name of Dai Tran. It is also accepted by the prosecution that a degree of enmity existed between Vinh Cao and Dai Tran as a result of Cao being rejected by a Margaret Huynh as a suitor in favour of Tran. The agreed facts [which are annexed to these remarks for the sake of completeness] seek to establish that the person Vinh Cao is a somewhat unsavoury character with a particular reputation within the local community including a reputation for violence and the means to apply it, whether physically at his own hands, with a weapon or by the involvement of third parties.