Usaia v R [2023] NSWCCA 57

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Usaia v R [2023] NSWCCA 57 Hearing dates: 17 February 2023 Decision date: 24 March 2023 Before: Beech-Jones CJ at CL at [1]; Button J at [2]; McNaughton J at [45] Decision: (1) Leave to appeal against sentence granted. (2) Appeal against sentence allowed, and aggregate sentence imposed at first instance quashed. (3) In substitution, an aggregate head sentence of imprisonment for 7 years is imposed, to commence on 3 November 2019 and expire on 2 November 2026. (4) An aggregate non-parole period of 3 years 6 months is imposed, to expire on 2 May 2023. (5) The first date upon which the applicant is eligible for possible release to parole is 2 May 2023. Catchwords: CRIME — appeals — appeal against sentence —affray at King's Cross nightclub – assault of police officers in execution of duty – actual and grievous bodily harm inflicted – applicant convicted of multiple counts – standard non-parole periods taken into account with regard to certificate offences dealt with notionally in Local Court – material error established – appeal allowed – resentenced Legislation Cited: Criminal Procedure Act 1986 (NSW) ss 166, 168 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 32, 54D Cases Cited: BP v R [2010] NSWCCA 159 Category: Principal judgment Parties: Tuni Usaia (Applicant) Rex (Respondent) Representation: Counsel: J Paingakulam (Applicant) E Wilkins SC (Respondent)