Penis hack killing: woman refused bail
September 14, 2011
A woman accused of murdering her ex-lover after drugging him and mutilating his genitals has been formally denied bail in a Sydney court.
Jian Chen, 48, is charged with one count of causing grievous bodily harm with intent to murder and one count of murder.
She is accused of using sleeping pills to spike the soup she gave her former partner at her North Ryde home on February 9.
Xian Peng, 48, had only recently returned to Australia from China with a new girlfriend, according to police.
Once Mr Peng was asleep, Chen allegedly bound his hands and feet and stabbed him a number of times in the neck and groin, before cutting his penis and scrotum.
"An attempt to castrate him had taken place," said police facts.
"The victim also had lacerations to the left side of his groin and his penis had been scalped."
Chen, who ran a business importing seafood, allegedly called an ambulance, saying she had just stabbed her boyfriend.
During a brief mention at Burwood Local Court, Chen's lawyer said her client was willing to plea guilty to a lesser charge.
But the Director of Public Prosecutions "wasn't in a position to accept manslaughter", she told the court.
Magistrate Christopher Longley formally refused Chen bail and adjourned the case to the same court on October 12.
Jian Chen, 48, is charged with one count of causing grievous bodily harm with intent to murder and one count of murder.
She is accused of using sleeping pills to spike the soup she gave her former partner at her North Ryde home on February 9.
Once Mr Peng was asleep, Chen allegedly bound his hands and feet and stabbed him a number of times in the neck and groin, before cutting his penis and scrotum.
"An attempt to castrate him had taken place," said police facts.
"The victim also had lacerations to the left side of his groin and his penis had been scalped."
Chen, who ran a business importing seafood, allegedly called an ambulance, saying she had just stabbed her boyfriend.
During a brief mention at Burwood Local Court, Chen's lawyer said her client was willing to plea guilty to a lesser charge.
But the Director of Public Prosecutions "wasn't in a position to accept manslaughter", she told the court.
Magistrate Christopher Longley formally refused Chen bail and adjourned the case to the same court on October 12.
被告面對兩項控罪，真的有點不明所以，乾脆一項謀殺已足夠，何須這causing grievous bodily harm with intent to murder的控罪，根本是bad for duplicity。如果我沒有記錯，死者是被剪掉子孫根之後一兩天死去，那麼當初嚴重傷人以圖謀殺的控罪應以謀殺取代，而並非兩罪並存。被告願意承認誤殺，現階段控方不予接納。朋友說被告一向有精神病，很明顯會以diminished responsibility作犯案意圖(mens rea)的抗辯，也許會加入provocation作另一理由。這件案較Nancy Kissel的奶昔謀殺案容易抗辯得多，被告一向有精神病，犯案手法也較簡單。
如果控方不接納被告承認誤殺，由此發展下去，要經過committal proceeding，高院排期等，最快要一年半載才有結果。如果控方接納誤殺，被告在committal時認罪，那就只需commit for sentence，幾個月內可以審結。至於是否接納被告承認誤殺，一切視乎精神病醫生的看法，我看可能性不大，畢竟事前預謀premeditated，把安眠藥加入湯中，使死者喪失反抗能力，並非出於一時衝動spur of moment，陪審團基於同情判她誤殺，機會反而更大。
海外朋友可能覺得悉尼的華人為何動輒就殺人，標少前些時不是跟Epping滅門案的被告打過羽毛球嗎？現在又另一宗涉及華人的謀殺。其實老外及其他種族所犯的殺人案不比華人少，只是湊巧這兩件手法較惹人注目，Epping滅門案的被告還是來自廣州的耳鼻喉專科醫生呢。
揮利剪，斷命根的做法古今中外皆有之，不要誤以為是中國人的國產，四大文明古國都有同類的做法，只是理念不盡相同。中國最早要追溯到商朝，以此刑罰施於戰俘身上，而中國最後一個太監孫耀庭於1996年病逝。
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