R v Fang (No. 4) [2017] NSWSC 323

Supreme Court New South Wales

Medium Neutral Citation: R v Fang (No. 4) [2017] NSWSC 323 Hearing dates: 3 February 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Sentenced to imprisonment for 19 years comprising a non-parole period of 14 years and balance of term of 5 years, with the sentence to date from 4 October 2014. Catchwords: CRIMINAL LAW – sentence following trial - murder - Offender (35 years old) stabbed victim (25 years old) 20 times - Offender under influence of methylamphetamine (Ice) at time and subject to drug induced psychosis - victim also under influence of Ice at time of killing - relevance of self-induced intoxication and existence of drug induced psychosis on sentence - confession by Offender to police before discovery of body -finding of contrition and remorse - Offender facilitated course of justice - sentence of imprisonment for 19 years with non-parole period of 14 years Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015 Cases Cited: Butler v State of Western Australia [2010] WASCA 104 CMB v Attorney General for NSW [2015] HCA 9; 256 CLR 346 Director of Public Prosecutions (Vic) v Arvanitidis [2008] VSCA 189; 202 A Crim R 300 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Haddara v R [2016] VSCA 168 Mune v R [2011] VSCA 231 R v Ellis (1986) 6 NSWLR 603 R v Fang (No. 3) [2017] NSWSC 28 R v Gagalowicz [2005] NSWCCA 452 R v Gibson [2016] VSC 634 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v Isaacs (1997) 41 NSWLR 374 R v Loveridge [2014] NSWCCA 120; 243 A Crim R 31 R v Martin [2007] VSCA 291; 20 VR 14 Smith v State of Western Australia [2010] WASCA 176 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Zhen Fang (Offender) Representation: Counsel: Mr C Maxwell QC (Crown) Mr AJ Bellanto QC; Ms YC Lin (Offender)