R v MOTULIKI [2010] NSWDC 304

New South Wales District Court

CITATION: R v MOTULIKI [2010] NSWDC 304

HEARING DATE(S): 10 December 2010 EX TEMPORE JUDGMENT DATE : 10 December 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment with a non-parole period of two years with a head sentence of four years.

CATCHWORDS: CRIMINAL LAW - Sentence - Robbery - Assault - Conditional liberty at time of offending - Principle of totality

PARTIES: The Crown Michael MOTULIKI

FILE NUMBER(S): DC 2010/251638

SOLICITORS: Director of Public Prosecutions Valenti & Valenti Solicitors - Offender

SENTENCE

1 HIS HONOUR: Michael Motuliki committed the offence, for which he must now be sentenced the day after he turned eighteen; that means that he is to be dealt with as an adult and serve the sentence of imprisonment I must impose, in an adult prison.

2 The period of custody that I must necessarily impose upon the offender will not be easy for him, nor will it be easy for his family; a loving family who have now suffered two awful losses. Firstly, the death of their oldest son, and now the incarceration of their middle son. In many respects, the matter before me today is terribly sad; but, ultimately it must be recognised that Mr Motuliki has committed a very serious offence.

3 There are a number of aggravated circumstances of which I will mention, and the result is that, even though it necessarily adds to the tragedy this family suffered, he must spend a considerable period of time in custody.

4 The offender went out with some friends of his to celebrate his eighteenth birthday. That celebration involved the consumption of drugs and alcohol. The following day, Saturday 24 July 2010, they recommenced consuming drugs and alcohol. The offender and his friend decided that they would get something to eat; they went to a hot bread shop in Bankstown; they asked for food.