The facts
5As can be seen from the table above, the offences were committed on three dates spanning a little over two months in 2006.
6The facts were put before the sentencing judge by way of three agreed Statements of Fact.
Count 1
7The first offence was committed at about 7.40pm on 8 October of that year, at Parramatta. At that time the victim, Wenhong Zhan, a Chinese student, was returning home on his bicycle. The applicant was nearby, as was a co-offender (a man called Tran). Mr Zhan alighted from his bicycle to unlatch the gate to his home. The applicant set upon him, grabbed him by the shoulder, and punched him in the head. Mr Zhan struggled and screamed. The applicant produced a knife and stabbed Mr Zhan in the stomach, causing severe pain. He left the knife embedded in Mr Zhan's stomach. Mr Zhan was in fear for his life. The applicant attempted to remove the knife, but Mr Zhan prevented this, fearing a continuation of the stabbing. The applicant attempted to stifle Mr Zhan's screams by putting his hand over Mr Zhan's mouth.
8The applicant then attempted to remove a backpack Mr Zhan was carrying. A struggle ensued with the applicant attempting to remove the backpack with one hand, the knife with the other. Mr Zhan continued to fear that his life would be in greater danger if the applicant regained possession of the knife. Both men fell to the ground. The knife remained embedded in Mr Zhan's stomach. As Mr Zhan struggled to get to his feet, the applicant kicked him in the chest.
9The applicant took possession of Mr Zhan's backpack and ran off with Tran. Mr Zhan was admitted to Westmead Hospital. He was suffering from a stab wound to his central abdomen, a deep laceration to a finger requiring sutures, and lesser lacerations to both hands.
Counts 2-5 ("the Eastwood offences")
10All these offences were committed as part of a single enterprise on 25 November 2006 (a Saturday) at premises at Eastwood that operated as a massage parlour and brothel.
11At about 2pm on that day, the applicant and a co-offender (Ka Ho Choi) travelled to the vicinity of the massage parlour, which they proceeded to observe at different times. Choi was in possession of a bag that contained knives, a hammer, and glue. They intended to use the glue to disguise their fingerprints.
12At about 8.50pm on the same day, the applicant and Choi attended at the premises. Choi knocked on the door, while the applicant concealed himself from view through a peephole in the door by squatting on the ground. When the proprietor, Quin Gu (a female) opened the door, the two men entered. Choi was armed with a knife and handed a second knife to the applicant. Choi covered the eyes of Ms Gu and escorted her into a bedroom. The applicant brandished his knife in the direction of a customer (male) and ordered him into the same bedroom. The two were ordered to lie on the ground. The applicant bound their hands and feet with packing tape and covered their eyes and mouths with the tape. He ordered them to say nothing and not move. At this time he was in possession of the hammer. While Choi searched the premises, the applicant demanded to know where the money was located. Ms Gu told him (through the packing tape that was binding her mouth) that it was in the kitchen. One of the men struck her to the side of her face.
13The applicant took Ms Gu to the kitchen, where she identified the drawer containing the money. He returned Ms Gu to the bedroom. As he did so, he realised that she was able to see through the tape binding her eyes, and applied more tape to them to obliterate all vision. He rebound her feet so that she was unable to move.
14Choi checked through the wallet of the customer, and removed three ATM cards. He demanded to know the PIN of the card that had been identified as being in credit. The applicant took the card and went to a nearby hotel where, after several unsuccessful attempts, he was able to withdraw a total of $600. He returned to the massage parlour. Ms Gu and the customer were still under the control and supervision of Choi. One of the men struck the customer to the head with the hammer, causing pain and wounding, and a momentary loss of consciousness. At some stage one of the men disconnected the telephone.
15The two men then left the premises, taking several sets of car keys, Ms Gu's handbag containing money, telephones, keys and other items. They took some jewellery from the customer. They used the keys to unlock a car that belonged to Ms Gu. They left the scene, Choi driving the stolen car. They took about $1000 that was in a folder near the passenger seat. They abandoned the car in the Carlingford area.
16When Ms Gu and the customer were able to do so, they contacted police. The customer was admitted to Ryde Hospital, treated for lacerations, and discharged early the following morning.
17The robbery of the customer, with the wounding, constitutes the offence the subject of Count 2; the binding, gagging and detention of the customer and Ms Gu constitute the offences the subject of Counts 3 and 4; the robbery of Ms Gu while armed with the knife constitutes the offence the subject of Count 5.
Count 6 ("the Waverton offence")
18The offence the subject of Count 6 was committed in the morning of 18 December 2006, in a convenience store at Waverton.
19The applicant and Choi placed themselves on a bench a few metres from the entrance to the store. They were able to observe that the store owner and his wife left, leaving only a female employee (Ms Kei Lan Mau). The applicant and Choi entered the store. One took a bottle of water from a refrigerator, and asked Ms Mau a question. She walked towards him to help him. The other man closed the door of the shop, and using gaffa tape affixed an A4 sized sign reading "Be back in 15 mins". One of the men produced a large sheath knife and told Ms Mau not to shout. He turned her around and pushed her to the rear of the store. The two men then tied Ms Mau's hands behind her back, again using the gaffa tape. They forced her to sit down and tied her legs. They demanded to know where the cigarettes were kept. Initially, she said that she did not know, but then told them they were in a box. One of the men ordered her to close her eyes and blindfolded her, again using the gaffa tape.
20One of the men demanded to know where the key (presumably to the cigarette storage) was. She said she did not have it and that it was in the possession of the store owner. One of the men placed his hands around her throat, obstructing her airway. The applicant reached into her back pocket and removed keys. Gaffa tape was placed over her mouth. One of the men said "I won't hurt a lady".
21The men then jumped over a counter and stole cigarettes valued at $14,300, telephone cards valued at $1300, and about $7000 in cash.
22The applicant was arrested more than two years later, on 31 March 2009, in respect of the Eastwood offences. When interviewed, he made full admissions of those offences and said that he had committed them with a friend at the instigation of an Asian male he identified only as "Charlie". He said that Charlie told him that the owner of the massage parlour owed him money and that the applicant should do whatever was necessary to recover the money. He said that he and Choi deliberated for some time over planning the robbery of the premises. In the interview he admitted that the victims were bound, but denied that packing tape was used. He told police that on the day after the robbery he and Choi had gone to see Charlie, and that the proceeds of the robbery were divided between them. He said that Charlie expressed concern that the stolen vehicle had been abandoned at Carlingford, and asked them to bring it to Chatswood. This they did, leaving it in a unit complex in that suburb.