R v Akauola [2021] NSWDC 767

District Court New South Wales

Medium Neutral Citation: R v Akauola [2021] NSWDC 767 Hearing dates: 17 September 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Imprisonment for four years. Non-parole period 3 years (Aggregate Sentence). Catchwords: CRIME – SENTENCE Three substantive offences: (1) Enter a dwelling house in company with intent to steal. Indicative sentence: 9 months with 25% discount. (2) Assault occasioning Actual Bodily Harm in company. Indicative sentence: 9 months with 25% discount. (3) Wounding a police officer in the execution of his duty. Indicative sentence: 3 yrs 9 months with 25% discount. Non-parole period 2 yrs 9 months. 44 year old man from Tonga with extensive criminal history. Backdating of sentences. Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Imbornone v R [2017] NSWCCA 144 Texts Cited: Nil Category: Principal judgment Parties: R – Crown Offender – Daniel Akauola Representation: Crown – Rogers, M. instructed by the Office of the Director of Public Prosecutions Offender – Shaw, M. instructed by Jeffreys Lawyers File Number(s): 2020/00295317; 2020/00304618 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Daniel Akauola stands for sentence as a consequence of having pleaded guilty to three substantive charges. He also asks me to take into account on a Form 1 a further offence of lesser moment. The first two offences occurred on 22 August 2020. The first offence was entering a dwelling house in company with intent to steal. That is in an offence contrary to s 111(2) of the Crimes Act 1900 and carries a maximum penalty of imprisonment for 14 years. The second substantive offence was assault occasioning actual bodily harm whilst in company. That is an offence contrary to s 59(2) of the Crimes Act 1900 and carries a maximum penalty of imprisonment for seven years.