R v Huynh [2017] NSWDC 126

District Court New South Wales

Medium Neutral Citation: R v Huynh [2017] NSWDC 126 Hearing dates: Trial: 29 November 2016 – 9 December 2016 and Sentence: 24 February 2017 and 7 April 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: For the offence of wounding with intent to murder: 1. The offender is convicted;

2. I impose a non-parole period of 4 years' imprisonment, to commence on 4 December 2015 and to expire on 3 December 2019, at which time the offender will be eligible to be released on parole;

3. I impose an additional period of 4 years' imprisonment to date from 4 December 2019 and to expire on 3 December 2023; and

4. The offender is sentenced to serve an overall term of imprisonment of 8 years. Catchwords: CRIMINAL LAW – SENTENCE – wounding with intent to murder – multiple stab wounds – offender in relationship with victim – offender later attempted to commit suicide – low objective seriousness – whether offender's state of mind relevant to assessment of objective seriousness – whether provocation of offender relevant to assessment of objective seriousness – victim impact statement – Crown concession that victim made good recovery – offender unresolved mental health condition – offender person of good character – excellent prospects of rehabilitation – low likelihood of reoffending – impact of offender's incarceration on family members – remorse demonstrated – finding of special circumstances Legislation Cited: Crimes Act 1900 (NSW) s 27 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A(2), 21A(3), 28(a), 44(1), 47(2)(a) and 54A(b) Cases Cited: Alkanaan v R [2017] NSWCCA 56 Aslan v R [2014] NSWCCA 114 Christodoulou v R [2008] NSWCCA 102 Director of Public Prosecutions (Cth) v De La Rosa (2010) 205 A Crim R 1; [2010] NSWCCA 194 Elturk v R [2014] NSWCCA 61 Jeffree v R [2017] NSWCCA 72 Kremisis v R [2016] NSWCCA 257 McLaren v R [2012] NSWCCA 284 R v Delaney (2003) 59 NSWLR 1; [2003] NSWCCA 342 R v Rae [2001] NSWCCA 545 Raczkowski v R [2008] NSWCCA 152 Shine v R [2016] NSWCCA 149 Walker v R [2006] NSWCCA 347 Williams v R [2012] NSWCCA 172 Category: Sentence Parties: Ms Yen Huynh (Offender) Regina (Crown) Representation: Counsel: Mr J Overall (Offender) Ms N Keay (Crown)