R v SEE [2001] NSWSC 776

New South Wales Supreme Court

CITATION : R v SEE [2001] NSWSC 776 FILE NUMBER(S) : SC 70095/00 HEARING DATE(S) : 10 August 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Regina Choon Hai SEE JUDGMENT OF : Hulme J at 1

COUNSEL : Crown: Mr P Miller Prisoner: Ms L Flannery SOLICITORS : Crown: SE O'Connor Prisoner: Legal Aid Commission of NSW DECISION : See paragraph 29

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

70095/00

HULME J

Friday 7 September 2001 R v Choon Hai See Remarks on Sentence

1 His Honour: On 30 July 2001, Choon Hai See was indicted on a charge that on 12 September 2000 he attempted to use an offensive weapon namely a knife with intent to assault Zee Wei Ang, also known as Simon Ang, thereby occasioning him actual bodily harm. To this charge he pleaded guilty.

2 He was then indicted on a charge that on 12 September 2000 he did murder Han Cheat Ang, also known as Jack Ang. To this charge the Prisoner pleaded not guilty. On 10 August last, a jury found him not guilty of murder, but guilty of manslaughter and he now stands to be sentenced for both offences. Pursuant to s33B of the Crimes Act, the lesser charge carries a maximum penalty of 12 years. Under s24, the maximum penalty for manslaughter is 25 years.

3 It falls to me to decide, in a manner consistent with the jury's verdict, the facts upon the basis of which the Prisoner is to be sentenced. Insofar as any matters are to be used adversely to the Prisoner, I must be satisfied of them beyond reasonable doubt. In summary the circumstances of the offences were as follows.

4 The Prisoner and the two victims were employees of a Chinese restaurant which operated within the premises of the Mingara Recreation Club at Tumbi Umbi. The three also lived together in premises rented by the proprietor of the restaurant for such employees. For some period prior to 12 September, the Prisoner had been the butt of some puerile teasing. He had been kicked on the behind three times while squatting and an apple core or egg shells had been thrown at him twice. The Prisoner seems to have mentioned that he had a girlfriend and the deceased said the Prisoner was old and any young girl would fall in love with the deceased rather than the Prisoner. On one occasion the deceased, who was only 17, said the Prisoner's private part was very small, a remark which elicited laughter from others nearby. . 5 Other incidents arose out of the fact that the Prisoner and the deceased were in Australia on 3 months tourist visas and were not supposed to be working. Apparently Immigration officials had on at least one prior occasion raided the premises in which the 3 persons lived. The Prisoner had come to Australia to earn money and had paid some $2,500 to an agent in Malaysia for the airfare and a job and did not want to lose the benefit of this. To minimise the possibility of being caught at his residence, the Prisoner adopted the practise of leaving home early, many hours before he was due to commence work. The deceased, who would seem to have been instrumental in helping the Prisoner obtain the job at the restaurant, laughed at that and said that if he got caught, he would dob the Prisoner in.