NSW Caselaw
New South Wales Supreme Court
CITATION : ZENG v R [2005] NSWSC 1344
HEARING DATE(S) : 16 December 2005
JUDGMENT DATE : 16 December 2005
JURISDICTION : Criminal
JUDGMENT OF : McClellan CJatCL
DECISION : Count of manslaughter; 1. Term of imprisonment for eight years with a non-parole period of four and a half years. The sentence to date from 24 April 2004, with the earliest date for release on parole being 23 October 2008 Count of possess a pistol; 1. Fixed term of eighteen months full time imprisonment to commence on 24 April 2004 and expire on 23 October 2005.
CATCHWORDS : CRIMINAL LAW - manslaughter - possession of a firearm - Chinese national - substantially impaired by an abnormality of mind arising from depressive illness - little evidence of objective gravity - strong subjective case - early plea of guilty - offence out of character - remorse - gun not acquired in contemplation of offence - importance of deterrence - special circumstances found in sentencing
LEGISLATION CITED : Crimes Act 1900 (NSW)
R v Hill (1981) A Crim R 397 CASES CITED : R v Low (1991) 57 A Crim R 8
Yini Zeng (offender) PARTIES : The Crown
FILE NUMBER(S) : SC 2005/656
Dr P Power SC (Crown) COUNSEL : A Djemal (Offender)
Director of Public Prosecutions (Crown) SOLICITORS : Luminous Legal (Offender)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
McCLELLAN CJ at CL
FRIDAY 16 DECEMBER 2005
2005/656 ZENG, Yini v REGINA
JUDGMENT
1 HIS HONOUR: The offender, Yini Zeng, pleaded guilty upon arraignment to two charges on an indictment as follows:
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