R v Tubakibau [2023] NSWDC 294

District Court New South Wales

Medium Neutral Citation: R v Tubakibau [2023] NSWDC 294 Hearing dates: 21 July 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted and is entitled to a 10% discount. 2 I will impose an aggregate sentence: s 53A Crimes (Sentencing Procedure) Act 1999. The terms of imprisonment I would have imposed if separate sentences were to be imposed after taking into account the discount for the plea of guilty are: • Count 1 – taking into account the matters on the Form 1 – 7 years with a non-parole period of 4 years and 6 months; • Count 2 – 18 months. 3 I impose an aggregate term of imprisonment of 7 years and 6 months with a non-parole period of 5 years to date from 26 January 2022. The non-parole period will expire on 25 January 2027 and the head sentence will expire on 25 July 2029. 4 The offender will be eligible to be released on parole on 25 January 2027. Catchwords: CRIME — Violent offences — Cause grievous bodily harm with intent CRIME — Violent offences — Common assault CRIME — Domestic violence — Domestic violence offence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 Bugmy v The Queen (2013) 249 CLR 571 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Hoskins v R [2021] NSWCCA 169 Muldrock v R (2011) 244 CLR 120 Ngatamarki v R [2016] NSWCCA 155 Palijan v R [2010] NSWCCA 142 R v Henry (1999) 46 NSWLR 346 R v Olbrich (1999) 199 CLR 270 R v Todorovic [2008] NSWCCA 49 Category: Sentence Parties: Rex (Crown) Sailosi Dausaiga Tubakibau (Offender) Representation: Counsel: Mr J Wilcox (Offender)