R v Moananu [2020] NSWDC 672

District Court New South Wales

Medium Neutral Citation: R v Moananu [2020] NSWDC 672 Hearing dates: 8 October 2020 Date of orders: 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate term of 15 years imprisonment with an aggregate non-parole period of 10 years. Catchwords: CRIME — Manslaughter — Unlawful and dangerous act CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm — Circumstances of aggravation Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Crimes Sentencing Procedure Act 1999 Cases Cited: R v Borkowski [2009] NSWCCA 102 SBF v R [2009] NSWCCA 231 R v Jurisic (1998) 45 NSWLR 209 R v Whyte [2002] NSWCCA 343 Bugmy v R (2013) 249 CLR 571 Category: Sentence Parties: Director of Public Prosecutions (Crown) Richard Moananu (Offender) Representation: Counsel: Mr D Robinson (Crown) Mr A Evers (Offender)

Solicitors: Ms A Ward (Crown) Ms C Tawagi (Offender) File Number(s): 2018/298052 Publication restriction: Nil

SENTENCE

Introduction 1. The Offender is to be sentenced having pleaded guilty to the following offences: 1. That on 28 September 2018 at Orchard Hills he unlawfully killed AH. That is the offence of manslaughter under s 18 of the Crimes Act and has a maximum penalty of 25 years imprisonment. 2. That on the same day and at the same place he unlawfully killed Katherine Gordon. That too is an offence of manslaughter relating to Ms Gordon. 3. That on the same day and at the same place he drove a vehicle when it was involved in an impact occasioning grievous bodily harm to Bronko Hoang, and at the time of the impact he was driving the vehicle under the influence of intoxicating liquor, in circumstances of aggravation, namely that he had in his blood the prescribed concentration of alcohol. His reading was in fact .204 being more than four times the legal limit. That is an offence under s 52A(4) of the Crimes Act and has a maximum penalty of 11 years imprisonment. 1. None of the offences carry a standard non parole period. 2. When sentencing the Offender on the offence of manslaughter which relates to Ms Gordon, the Offender acknowledges his guilt in relation to the following offences and asks that I take them into account when imposing sentence on that count: 1. An offence of by misconduct he drove on the incorrect side of the road causing bodily harm to a Blake Reid; 2. Driving without being licenced; and 3. Driving while present in his blood a prescribed illicit drug being Delta 9 tetrahydocannabinol and Delta 9 THC acid, essentially cannabis. 1. At the outset, I record convictions in relation to the three offences to which the Offender has pleaded guilty. 2. There are three offences on a certificate under s 166 of the Criminal Procedure Act which are to be withdrawn upon the imposition of sentence.