R v Nikua, Nikua, Orika, Sio, Torotoro, and Tuahuru [2020] NSWDC 902

District Court New South Wales

Medium Neutral Citation: R v Nikua, Nikua, Orika, Sio, Torotoro, and Tuahuru [2020] NSWDC 902 Hearing dates: 8/10/20, 19/11/20, 8/12/20 Date of orders: 8/12/20 Decision date: 08 December 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Re Joseph Nikua: Convicted and sentenced to an aggregate term of imprisonment of 3 years 9 months with a NPP of 2 years (4/10/19-3/10/21). I find special circumstances. Indicative sentences: Seq 4 Affray – 1 year 10 months Seq 3 Wounding in company – 2 years 10 months with NPP of 18 months Seq 3 Affray – 1 year 11 months (Form 1 taken into account) Re Ronald Nikua: Convicted and sentenced to an aggregate term of imprisonment of 3 years 7 months with a NPP of 22 months (4/10/19-3/8/21). I find special circumstances. Indicative sentences: Seq 5 Affray – 1 year 10 months Seq 4 Wounding in company – 2 years 10 months with NPP 17 months Seq 3 Affray – 1 year 11 months (Form 1 taken into account) Re Sio: Convicted and sentenced to an aggregate term of imprisonment of 3 years 2 months with a NPP of 19 months (8/12/20-7/7/22). I find special circumstances. Indicative sentences: Seq 4 Affray – 2 years Seq 3 Wounding in company – 2 years 10 months with NPP 18 months. Re Orika: Convicted and sentenced to an aggregate term of imprisonment of 3 years 1 month with NPP 2 years 2 months (3/7/19-2/9/21). I find special circumstances. Indicatives: Seq 4 Affray – 1 year 11 months Seq 3 Wounding in company – 2 years 10 months with NPP 2 years. Re Torotoro: Convicted and sentenced to an aggregate term of imprisonment of 2 years 11 months, to be served by way of ICO. In addition to the standard conditions, the following conditions are to apply: 1. Participate in counselling and/or other treatment relating to alcohol abuse as directed by Community Corrections. 2. Participate in anger management and/or other counselling as directed by Community Corrections. 3. Not associate with any of the co-offenders. 4. Complete 300 hours Community Service. The offender is to report to the Fairfield office of Community Corrections within 7 days by telephone. Indicative sentences: Seq 5 Affray – 1 year 10 months Seq 4 Wounding in company – 2 years 10 months with NPP 17 months Re Tuahuru Convicted and sentenced to an aggregate term of imprisonment of 2 years 11 months, to be served by way of ICO. In addition to the standard conditions, the following conditions are to apply: 1. Participate in counselling and/or other treatment relating to alcohol abuse as directed by Community Corrections. 2. Participate in anger management and/or other counselling as directed by Community Corrections. 3. Not associate with any of the co-offenders. 4. Complete 300 hours Community Service. The offender is to report to the Mt Druitt office of Community Corrections within 7 days by telephone. Indicative sentences: Seq 5 Affray – 1 year 10 months Seq 4 Wounding – 2 years 10 months with NPP 17 months Catchwords: Crime – Sentence – Reckless wounding in company - Affray Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Aouli v The Queen [2012] NSWCCA 104 BP v The Queen [2010] NSWCCA 159 Bugmy v The Queen [2013] 249 CLR 571 Category: Sentence Parties: Joseph NIKUA Ronald Gregory NIKUA Jeramiah ORIKA Trevor Lokeni SIO Reuera TOROTORO Jaydon Te Ruakau TUAHURU Representation: Mr C Triscari for Crown Mr Maraoui for J Nikua Ms S Hall for R Nikua Mr E James for Tuahuru Mr M Doyle for Orika Mr D Shestowski for Sio Mr Abbas for Torotoro File Number(s): 19/275621, 19/309337, 19/236051, 19/311327, 19/118732, 19/227999, 19/228588, 19/217891 Publication restriction: None