R v Sam Rakoroi [2007] NSWDC 294

New South Wales District Court

CITATION: R v Sam Rakoroi [2007] NSWDC 294

JUDGMENT DATE: 9 November 2007

EX TEMPORE JUDGMENT DATE : 18 June 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted. Sentenced to NPP 2 years & 4 months. Balance of term 1 year, 10 months and 15 days

CATCHWORDS: Criminal Law - Sentence - Maliciously Inflict GBH with intent to inflict GBH - vicious attack - well affected by alcohol- mistaken identification - striking from behind - striking whilst on ground - kicking - delay - failure to answer bail - failure to execute arresst warrant.

R v Gladue (1999) 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 321 CASES CITED: R v Rushy (1977) NSWLR 597 R v Mitchell [2001] NSWCCA 296 R v Hayes [1984] 1 NSWLR 740

PARTIES: Regina Sam Rakoroi

FILE NUMBER(S): 07/21/1112

SOLICITORS: CROWN: MR BOROSH DEFENCE; MR W SANDILANDS

- SENTENCE 1 His Honour: In 2001 Sam Rakoroi worked as a nurse. That is he was engaged in some capacity in his occupation of administering to those with illness, or in his case frailty, in returning to or maintaining their health. Against that background his ferocious and disinhibited attack upon Mark Owen Richardson at about 5.30am on 1 September 2001 is difficult to comprehend.

2 Today Sam Rakoroi is to be held accountable for his criminal conduct. He commenced that process by his plea of guilty to this charge that he maliciously inflicted grievous bodily harm upon Mark Owen Richardson with intent thereby to do grievous bodily harm to him. As sentencing judge it falls to me to resolve a number of competing tensions as I strive to determine the appropriate sentence for this offence before this court, committed by this offender, harming this victim in this community Gladue v Regina [1999] 1 SCR 688 [80].