R v Fetalaiga [2020] NSWDC 874

District Court New South Wales

Medium Neutral Citation: R v Fetalaiga [2020] NSWDC 874 Hearing dates: 25 September 2020 Date of orders: 13 November 2020 Decision date: 13 November 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Overall sentence imposed one of 3 years and 6 months with a non-parole period of 1 year and 9 months Catchwords: CRIME — Violent offences — Aggravated robbery — With corporal violence CRIME — Violent offences — Aggravated robbery — In company Legislation Cited: Crimes Act 1900 (NSW) s 96 Crimes (Sentencing Procedure) Act 1996 (NSW) ss 3A, 21A Category: Sentence Parties: Director of Public Prosecutions (Crown) Ae Lesley Mata'afa Fetalaiga (Offender) Representation: Counsel: Ms A Hooper (Crown) Mr B Snelling (Offender)

Solicitors: Mr De Mattia (Offender) File Number(s): 2019/290735 Publication restriction: Nil

SENTENCE

Introduction 1. The offender stands to be sentenced for an offence that on 17 September 2019 at Colyton, he stole a mobile phone from Viliami Palu, and immediately before and after the stealing he used corporal violence on Viliami Palu, and thereby wounded him. That is an offence under s 96 of the Crimes Act and it has a maximum penalty of twenty-five years imprisonment. There is no standard non-parole period. 2. The Offender also acknowledges his guilt and asks that I take into account an offence on a Form 1, being an offence that on 17 September 2019, he entered the dwelling house at 6 Kent Place, Colyton, with intent to commit the serious indictable offence of intimidation, with intent to cause fear of physical harm; in circumstances of aggravation, namely, that there was a person present within the dwelling house.