R v Auimatagi [2021] NSWDC 668

District Court New South Wales

Medium Neutral Citation: R v Auimatagi [2021] NSWDC 668 Hearing dates: 1 October 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 2 years 3 months. Non parole period of 1 year 2 months. Catchwords: CRIME - Aggravated break and enter with intent while armed SENTENCING - Relevant factors on sentence – offence provoked by threats - but broke into and ran through an empty home - drug use and drug debt precipitating factors - history of childhood trauma and response to it by self-medicating with illicit drugs- strong pro-social supports- is an ICO required - no need for ICO – rehabilitation can be managed while on parole- special circumstances- prospects of deportation not a relevant factor Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Migration Act 1958 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 5 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Nasrallah v R [2021] NSWCCA 207 R v Edwards (1996) 90 A Crim R 510 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Tepania v R [2018] NSWCC 247 Category: Sentence Parties: Anthony James Auimatagi (the offender) Director of Public Prosecutions Representation: Counsel: Mr P Kondich (for the offender)