R v Tongia Halisi Heaki [2021] NSWDC 297

District Court New South Wales

Medium Neutral Citation: R v Tongia Halisi Heaki [2021] NSWDC 297 Hearing dates: 4 June 2021 Decision date: 02 July 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [108] Catchwords: One count of reckless grievous bodily harm; one count of destroy or damage property less than $2000 in value. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Culbert v R [2021] NSWCCA 38 Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 Mandranis v R [2021] NSWCCA 97 R v Chandler; Chandler v R [2012] NSWCCA 135 R v Rhodes [2017] NSWSC 694 Swan v R [2016] NSWCCA 79 Waterfall v R [2019] NSWCCA 281 Category: Sentence Parties: Director of Public Prosecutions (Crown) Tongia Halisi Heaki (Offender) Representation: Counsel: K McKenzie (Solicitor) P Johnson (Counsel) File Number(s): 20/124362

REMARKS ON SENTENCE 1. The offender is to be sentenced for one count of reckless grievous bodily harm in company pursuant to s 35(1) of the Crimes Act 1900 for an offence that occurred on 26 April 2020. The maximum penalty for the offence is 14 years imprisonment and there is a standard non-parole period of 5 years imprisonment. 2. A related offence pursuant to a certificate under s 166 of the Criminal Procedure Act 1986 is sequence 2, destroy or damage property less than $2000. The maximum penalty for that offence is two years imprisonment and/or a fine of 20 penalty units. 3. The offender was arrested on 26 April 2020 and has been in custody since that date. He was born on 15 September 1982 and the co-offender was Naquita Heaki, his wife.