R v Tiriaki [2023] NSWSC 1480

Supreme Court New South Wales

Medium Neutral Citation: R v Tiriaki [2023] NSWSC 1480 Hearing dates: 27 November 2023 Decision date: 01 December 2023 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) The offender is sentenced to a term of imprisonment, being a term of full-time custodial sentence, being a non-parole period of 11 years and 8 months' imprisonment, commencing 6 June 2012 and concluding 5 February 2024, with the remainder of term of 5 years and 10 months, concluding 5 December 2029. (2) The offender is first eligible for parole on 5 February 2024. (3) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the offender is advised of the existence of that statute and that it may apply to the offender and to these offences and the offender's legal team is directed to explain the significance of this fact to the offender. Catchwords: CRIME – sentencing – constructive murder – 21-year-old – sound prospects of rehabilitation – family support – parity with co-accused Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 25C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3, Div 1A, ss 88, 89, 90, Crimes Act 1900 (NSW), ss 18, 86(3) Criminal Appeal Act 1912 (NSW), ss 6, 8 Cases Cited: BP v R [2010] NSWCCA 159; 201 A Crim R 379 GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22 Hancock v Prison Commissioners [1960] 1 QB 117; [1959] 3 W.L.R 583; [1959] 3 All ER 513 R v LNT [2005] NSWCCA 307 R v Wright [2009] NSWCCA 3 Veen v The Queen (No. 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Rex (Crown) Wassim Tiriaki (Offender) Representation: Counsel: E Balodis (Crown) A Francis (Offender)