R v Zhong [2018] NSWLC 1

Local Court New South Wales

Medium Neutral Citation: R v Zhong [2018] NSWLC 1 Hearing dates: 11 January 2018 Decision date: 30 January 2018 Jurisdiction: Criminal Before: Deputy Chief Magistrate Christopher O'Brien Decision: i) In respect of all sequences, the offender is sentenced to an aggregate term of imprisonment which consists of a non-parole period of 20 months and a total term of 3 years both to date from 30 January 2018. The offender will be eligible for release subject to supervision on parole on 29 September 2019.

ii) By consent, I make an order pursuant to the Victims Rights and Support Act 2013 in accordance with the Short Minute of Consent Order signed by the parties and dated today. Catchwords: CRIMINAL LAW – sentencing – cybercrime –offences committed while subject to an intensive correction order for other offences - effect of delay on sentencing – weight to be given to self-serving and untested statements in psychologist report Legislation Cited: Crimes Act 1900 (NSW) ss 189A , 253(b)(ii), 308C(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A Victims' Rights and Support Act 2013 (NSW) s 97(1) Cases Cited: AK v R [2016] NSWCCA 238 Imbornone v R [2017] NSWCCA 144 R v Barker: R v Gibson [2006] NSWCCA 20 R v Cahill [2015] NSWCCA 53 R v Donald [2013] NSWCCA 238 R v Hall [2017] NSWCCA 313 R v Moon (2000) 117 A Crim R 497 R v Qutami [2001] NSWCCA 353 Robertson v R (2007) 177 A Crim R 121 Sabra v R [2015] NSWCCA 38 Scook v R [2008] WASCA 114 Upadhyaya v R [2017] NSWCCA 162 Category: Sentence Parties: Director of Public Prosecutions (prosecutor) Yi Zhong (defendant) Representation: Mr Angelovski, for the Director of Public Prosecutions Mr A Chhabra of counsel, for the defendant File Number(s): 2017/00033878 Publication restriction: Nil