R v Tapusoa [2022] NSWDC 538

District Court New South Wales

Medium Neutral Citation: R v Tapusoa [2022] NSWDC 538 Hearing dates: 5 July 2022 Date of orders: 7 July 2022 Decision date: 07 July 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentence of imprisonment of three years, consisting of a non-parole period of one year and eight months, and a balance of term of one year and four months. Impose three community correction orders with conviction, for a period of two years. The standard conditions apply, and the Offender is to be supervised by Community Corrections upon his release. Legislation Cited: Crimes Act 1900 (NSW), s 86(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A Cases Cited: BP v R [2010] NSWCCA 159 Bugmy v R [2013] HCA 37 Category: Sentence Parties: Director of Public Prosecutions (Crown) Lewis Tapusoa (Offender) Representation: Counsel: Mr P Segal (Offender)

Solicitors: Ms Ienna (Crown) File Number(s): 2019/00135357 2021/00271960

SENTENCE

Introduction 1. The offender, Mr Tapusoa, stands to be sentenced, having pleaded guilty to an offence that on 8 May 2021 at Leumeah, he detained Adam Ershova without his consent with intent to obtain an advantage, namely to meet or arrange access to Jake Ershova and immediately before, at the time of, and after the detaining, actual bodily harm was occasioned to Adam Ershova. 2. That is an offence under s 86(2)(b) of the Crimes Act and has a maximum penalty of 20 years imprisonment, and there is no applicable standard non‑parole period. The offender also acknowledges his guilt in relation to an offence that, on the same date and at the same place as the principal offence, he intimidated Adam Ershova with the intention of causing him to fear physical or mental harm. That offence is on a Form 1, and he asks that I take that offence into account when I sentence him on the principal charge. 3. The offender committed the offence while the subject of three conditional release orders without conviction, each for a period of two years, which commenced on 25 September 2019. Those orders were imposed in relation to offences of behaving in an offensive manner, assault a police officer in the execution of duty, and intimidate a police officer in the execution of duty. 4. The offender committed the offence while the subject of three conditional release orders without conviction, each for a period of two years, which commenced on 25 September 2019. Those orders were imposed in relation to offences of behaving in an offensive manner, assault a police officer in the execution of duty, and intimidate a police officer in the execution of duty. 5. Those orders have been called up before me as the offence I am to sentence the offender for is a breach of those orders.