STATE OF TASMANIA v NINGYU SUN 1 SEPTEMBER 2022
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Ningyu Sun, aged 27 at the time of the offending, has pleaded guilty to 2 counts of assault and one count of grievous bodily harm upon the complainant, Zheng Wai, her then partner of 14 months, who was 28 at the time. I have also agreed to deal with the associated summary charge of breach of a family violence order.
At that time there was a police family violence order in force against the defendant protecting the complainant.
On 9 August 2021 at around 10.00pm, the complainant finished his shift at the restaurant at which he was employed and having been at work all day was tired and wanted to go to bed. However, the defendant had purchased some takeaway food and invited some friends over for a late dinner. The complainant and the defendant began to argue about this on the drive home.
When they arrived home, the complainant went straight to the bedroom, changed and laid down on the bed to rest. He ignored the defendant and her friends and remained in the bedroom.
Shortly before midnight, the defendant’s friends left and the defendant went into the bedroom and began to argue, during which the complainant told the defendant he wanted to end his relationship with her. The defendant became angry and picked up a plastic coat hanger and hit the complainant with it to his upper thighs and buttocks until the coat hanger broke. The complainant lay quietly hoping the defendant would calm down. The defendant then picked up a shoe from the bedroom floor and hit the complainant with it some 15 – 20 times on his thigh and buttocks. Those facts make up count 1 on the indictment.
The defendant then began collecting the complainant’s items from their bedroom and throwing them out into the hallway. The complainant got up off the bed and grabbed the defendant by her wrists in an attempt to stop her. The defendant then grabbed the complainant’s hair and pulled his head downwards and began to punch him to the face with her right fist. Those facts make up count 2 on the indictment. The defendant released her grip on the complainant’s hair, and picked up a kettle that was sitting on a desk in the bedroom and hit the complainant to the face with it multiple times. Those facts make up count 3 on the indictment.
The complainant’s face went numb and he began to bleed from his eye, cheek and nose. He fell to the ground where he believes he lost consciousness.
The defendant ran and hid in the garage. Shortly after the complainant crawled to his mobile phone and phoned police. Police arrived shortly after. Upon their arrival, the complainant was found sitting on the floor conscious but barely responsive and bleeding significantly from his face. I have seen graphic photographic evidence of this.
He suffered the following injuries:
- Bruising around the left eye;
- Pain over the left cheek area with numbness;
- A superficial 8cm wound to the right cheek;
- A bruise to the right thigh;
- A graze to the left thigh.
- A fracture to the left eye socket; and
- A nasal fracture.
The complainant later underwent surgery to repair the fracture to his orbital floor.
The complainant read his victim impact statement aloud to the Court, and it is clear that his life has been ruined in his view by these assaults. He felt that the defendant was the only person who ever loved him and that his trust in her was betrayed. He now lives alone at an address he does not divulge to anyone and he is fearful.
The defendant spent two nights in custody.
She has one relevant prior court appearance. She was sentenced in the Hobart Magistrates Court on 26 November 2020 in relation to one count of common assault on the complainant by punching him in the face. No conviction was recorded on the condition that the defendant be of good behaviour for 12 months. Therefore, the offending for which she is due to be sentenced is in breach of that undertaking. That matter was recorded as a family violence offence.
The defendant is a 28 year old woman who is living with friends in Moonah. She is currently single.
She grew up in China and came to Australia to study. She wishes to become an Australian citizen and is currently a permanent resident on a visa. Her family remains in China.
She moved to Australia in 2015 and obtained a Bachelor of Accounting in 2018 while living in Victoria. She moved to Tasmania to do her Masters and finished that in 2019 specialising in Environmental Management. Since then she has been working hard and continuing to study and improve her English.
She is currently employed doing general hospitality duties at a restaurant and with building and maintenance company doing administrative work.
From references submitted by her employers and two other character referees it appears that the defendant is regarded as a valuable member of the community and workforce and, apart from her offending against the complainant, is regarded as a person of good character. The offending does appear to be wholly out of character for the defendant, although, given the earlier assault on the complainant, clearly not an isolated aberration.
The defendant suffers from a severe Major Depressive Disorder and it appears, has done for some time. She is now on appropriate medication and receiving treatment from psychologist Dr Ernest Schall. I have been provided with a report from him. I take note of that report except to the extent that it contains speculation and opinions outside his expertise. I note that the defendant has not current problem with alcohol and has also subscribed to an online management course since the offending.
I accept that the defendant was mortified by her actions and that after reading the victim impact statement her immediate reaction was to say that she hated herself for hurting the complainant. She has specifically instructed her counsel to say that “she wishes the complainant all the best and hopes he can overcome his traumatic experience and obtain good employment, find love and have a good future”.
However, while it is accepted that the defendant is entitled to the utilitarian benefit of her plea of guilty and that it spared the complainant from giving evidence, it was indicated that the matter would resolve only some two weeks before trial and the complainant had already been briefed by the State in preparation for giving evidence. This was a difficult experience for him and he found it upsetting given the nature of the defendants defence conveyed by counsel to the DPP.
The State makes an application for a Family Violence Order protecting the complainant from the defendant pursuant to s 36 of the Family Violence Act 2004, however, on the basis of the material before me, which does not disclose any breach of the existing order or any attempt at contact, and having seen the defendant’s reaction when the complainant read his victim impact statement, I am satisfied that the defendant does not present any ongoing threat to the complainant’s safety, well-being and interests, nor does he to himself given his now isolated existence. I note that the present order expires on 24 September 2022. The more restrictive bail conditions will end today.
The State submits that each count on the indictment should be recorded as a family violence offence pursuant to s 13A of the Family Violence Act 2004. I agree and so direct.
Whilst I accept that the defendant’s offending was out of character, each of the assaults was violent and the last of the three particularly so. It was vicious and was a terrible breach of faith which caused the complainant not insignificant injuries and has had profound life consequences for him.
The defendant is convicted of each of the offences to which she has pleaded guilty and I impose a single sentence of nine months’ imprisonment, which sentence I wholly suspend on condition that she commit no offence punishable by imprisonment for a period of two years from today.
In addition I make a community correction order with an operational period of two years from today. I impose a special condition on that order that the defendant must, within the operational period of the order, satisfactorily perform 100 hours of community service, as directed by a probation officer or a supervisor. I direct that Ms Sun attend the office of Community Corrections, 114 Bathurst Street, by 10am tomorrow (2 September 2022) in order to be enrolled upon the community corrections order.