R v Suliasi Taumalolo; R v Mateaki Taumalolo; R v Mayol; R v ST; R v ET [2022] NSWSC 1696

Supreme Court New South Wales

Medium Neutral Citation: R v Suliasi Taumalolo; R v Mateaki Taumalolo; R v Mayol; R v ST; R v ET [2022] NSWSC 1696 Hearing dates: 21 October & 18 November 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Common Law Before: Davies J Decision: Suliasi Taumalolo is convicted of the offence of affray. Sentenced to imprisonment with a non-parole period of 2 years and 3 months commencing 14 July 2020 and expiring 13 October 2022 with a balance of term of 1 year and 6 months expiring 12 April 2024. ET is convicted of the offence of affray. Sentenced to imprisonment with a non-parole of 2 years commencing 20 March 2020 expiring on 19 March 2022 with a balance of term of 1 year and 4 months expiring 19 July 2023. Order that ET serve the sentence as a juvenile offender. ST is convicted of the offence of manslaughter. Sentenced to imprisonment with a non-parole period of 4 years and 1 month commencing 26 August 2019 and expiring 25 September 2023 with a balance of term of 2 years and 8 months expiring 25 May 2026. Order that ST serve the sentence as a juvenile offender. Mateaki Taumalolo is convicted of the offence of affray. Sentenced to imprisonment with a non-parole period of 2 years and 4 months commencing 15 September 2020 and expiring 14 January 2023 with a balance of term of 1 year and 5 months expiring 14 June 2024. Sione Mayol is convicted of the offence of affray. Sentenced to imprisonment with a non-parole period of 1 year 1 month and 25 days commencing 18 May 2021 and expiring 12 July 2022 with a balance of term of 1 year 7 months and 5 days expiring 16 February 2024. Catchwords: CRIME – sentence – five co-offenders – another co-offender sentenced previously for murder – pleas of affray and manslaughter – offenders attendees at a 16th birthday party – three offenders observed punching kicking and stomping on deceased – two offenders otherwise involved in the affray - youthful offenders – offence concerned frequently engaged in by young men fuelled up on drugs of alcohol or both – apparently random attack – deceased died at the scene – where conduct of various participants will not always call for differentiation in penalty – moral culpability – conduct of group significant – significance of effect of attack on persons on the scene –wider focus than direct victim – discounts for plea of guilty CRIME – sentence – plea of guilty to manslaughter – where contribution to joint criminal enterprise kicking and stomping on deceased a number of times whilst deceased lying on the ground – offence serious – where court satisfied that special circumstances justify offender serving remainder of his sentence as juvenile offender – risks of placing young men in adult correctional facilities Legislation Cited: Bail Act 2013 (NSW) S 22b Children (Criminal Proceedings) Act 1987 (NSW) SS 3, 6, 16, 18, 19 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 30E Cases Cited: Buckley v R [2022] VSCA 138 KT v The Queen [2008] NSWCCA 51; (2008) A Crim R 112 Khanwaiz v R [2012] NSWCCA 168 R v Ali [2005] NSWSC 334 R v Eleter [2003] NSWCCA 130 R v Huynh; R v Lam; R v Ta [2000] NSWCCA 18 Stevens v R [2007] NSWCCA 152 Texts Cited: Nil Category: Principal judgment Parties: Crown Suliasi Levula Taumalolo (Offender) Mateaki Taumalolo (Offender) Sione Taulepa Mayol (Offender) ST (Offender) ET (Offender) Representation: Counsel: V Garrity & K Marinos (Crown) N Carroll (Suliasi Levula Taumalolo) P English (Mateaki Taumalolo) C Davenport SC (Sione Taulepa Mayol) R Wilson SC (ST) P Johnson (ET)