R v Loeung [2019] NSWSC 1172

Supreme Court New South Wales

Medium Neutral Citation: R v Loeung [2019] NSWSC 1172 Hearing dates: 16 August 2019 Decision date: 30 August 2019 Jurisdiction: Common Law Before: N Adams J Decision: 1. In relation to count 6 the offender is convicted and sentenced to imprisonment for a period of 20 months to commence today, 30 August 2019. The full term of the sentence will expire on 29 April 2021. 2. Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed on the offender is to be served by way of an intensive correction order. 3. The standard conditions of the order will apply, namely, (a) The offender must not commit any offence; and (b) The offender must submit to supervision by a community corrections officer for the term of the order. 4. The following additional conditions apply: (a) The offender must perform community service work for a total of 50 hours. (b) The offender is to attend upon a psychologist if directed to do so. 5. If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services. Those sanctions may include a formal warning, the imposition of more stringent conditions or may include revocation of this order. If the order is revoked, the relevant offender may be required to serve all or some of the period of their sentence in full time custody. 6. The offender is directed to attend the court registry where a copy of this order will be explained and given to him. 7. The offender is to report to the Fairfield Community Corrections Office at 12 noon on 2 September 2019. 8. In relation to count 7 the offender is convicted with no other penalty imposed pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW). Catchwords: SENTENCING – remarks on sentence – wounding with intent to inflict grievous bodily harm– joint criminal enterprise – offence of being armed with a weapon, namely, three knives with intent to commit an indictable offence, namely, assault – plea of not guilty – self-defence – retaliatory offence following violent assault – objective seriousness – mitigating factors – where offender has good prospects of rehabilitation – parity – whether Intensive Correction Order appropriate Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(a), 93C, 114(1)(a) Crimes (Sentencing Procedure) Act 1986 (NSW), ss 3A, 7(1), 9, 10, 10(1)(b), 66 Criminal Procedure Act 1986 (NSW), s 3 Interpretation Act 1987 (NSW), s 21 Criminal Code (Cth), s 474.17 Evidence Act 1995 (NSW), s 38(1) Cases Cited: Casella v R [2019] NSWCCA 201 Gaggioli v R [2014] NSWCCA 246 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Fangaloka [2019] NSWCCA 173 R v Isaacs (1997) 41 NSWLR 374 R v Le [2019] NSWSC 633 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 The Queen v Phillips (1971) 45 ALJR 467; [1971] ALR 740 Category: Principal judgment Parties: Regina (Crown) Nou Sovathara Loeung (Offender) Representation: Counsel: A Morris (Crown) W Terracini SC with B Murray (Offender)