R v Chen [2016] NSWDC 405

District Court New South Wales

Medium Neutral Citation: R v Chen [2016] NSWDC 405 Hearing dates: 23 September 2016; 14 October 2016; 11 November 2016; 17 November 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Imprisonment for 4 years and 6 months, with NPP of 2 years and 6 months Catchwords: CRIME – SENTENCE – Wounding with intent to cause grievous bodily harm – Offender 58 years old, victim about 44 years old – Offender and victim had an intimate relationship, but did not live together – Victim was providing sexual benefits to offender who was seeking to assist her financially – After an oral argument, victim slapped offender's face – Offender grossly overreacted and struck victim on the head numerous times with a heavy wooden piece of timber causing extensive facial injuries – Victim makes a relatively good recovery – Offender of prior good character – Whether crime pre-meditated – Provocation considered Legislation Cited: Crimes Act 1900 Cases Cited: R v Collingburn (1985) 18 A Crim R 294 R v Kinmond (1982) 5 A Crim R 413 (WACCA) R v Morabito (1992) 62 A Crim R 82 R v Shrestha (1991) 173 CLR 48 R v Tsui (1985) 1 NSWLR 308 R v Watt (NSWCCA, 2 April, 1997 unreported) Category: Sentence Parties: Director of Public Prosecutions (NSW) (Crown) Suoqun Chen (Offender) Representation: Counsel: Ms S Stuart (Crown) Mr D Roff (Offender)

Solicitors: Solicitor for the Director of Public Prosecutions (NSW) (Crown) Benjamin & Leonardo Criminal Defence Lawyers (Offender) File Number(s): 2015/114649 Publication restriction: No