R v Tuifua [2002] NSWCCA 420

New South Wales Court of Criminal Appeal

CITATION : R v Tuifua [2002] NSWCCA 420 FILE NUMBER(S) : CCA 60013/02 HEARING DATE(S) : 11 October 2002 JUDGMENT DATE : 15 October 2002

PARTIES : Regina Ngaha Koula Tuifua JUDGMENT OF : Sperling J at 1; Buddin J at 52

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0792; 01/11/0533 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :

COUNSEL : Mr RA Herps for the Crown Ms G Bashir for the Applicant SOLICITORS : Mr SE O'Connor for the Director of Public Prosecutions Ross Hill & Associates for the Applicant CATCHWORDS : Criminal Law - application for leave to appeal against sentence - no question of principle LEGISLATION CITED : Crimes Act 1900, s94, s95, s97 Criminal Appeal Act 1912, s6 Astill (No. 2) 1992 64 A Crim R 289 Cocking [1999] NSWCCA 331 CASES CITED: Henry (1999) 46 NSWLR 346 Simpson (2001) 53 NSWLR 704 Thomson and Houlton (2000) 49 NSWLR 383 DECISION : Leave to appeal granted; Appeal dismissed.

- 12 -IN THE COURT OF CRIMINAL APPEAL 60013/02

Sperling J Buddin J

Tuesday, 15 October 2002 R v Tuifua Judgment 1 Sperling J: The applicant Ngaha Koula Tuifua applies for leave to appeal against sentences imposed on him by Kinchington DCJ, sitting in the District Court, Sydney, on 14 December 2001. By then, the applicant had pleaded guilty to both offences. 2 The first offence for which the applicant was sentenced was committed on 3 March 2000. It consisted of stealing from the person, contrary to s94 of the Crimes Act 1900. The maximum penalty for the offence is 14 years' imprisonment. In relation to that offence, his Honour took into account offences of assault occasioning actual bodily harm and malicious damage committed in the course of the same episode. 3 The second offence was armed robbery, contrary to s97 of the Crimes Act 1900, for which the maximum penalty is 20 years' imprisonment. That offence was committed about ten days later, on 14 March 2000. His Honour took into account a further offence of goods in custody. 4 The sentence imposed for the first offence was a fixed term of imprisonment of two and a half years, commencing on 5 October 2000. 5 The sentence imposed for the second offence was imprisonment for five years, commencing on 26 October 2001, with a non-parole period of three years, commencing on the same date and expiring on 25 October 2004. 6 The second sentence was partly concurrent with the first. It was dated to commence about one year after the commencement of the first sentence. The combined effect of the two sentences was an effective sentence of six years and 20 days with an effective non-parole period of four years and 20 days. 7 The applicant seeks leave to appeal in relation to the sentences. 8 The applicant was 18 years of age at the time of the offences. 9 The applicant had a substantial criminal record dating from 1997. This included four instances of break, enter and steal and one of steal from the person, for which, compendiously, a control order of six months was imposed in May 1999, with an additional term of six months expiring on 9 May 2000. 10 In August 1999, an identical control order was imposed for two instances of assault with intent to rob while armed with an offensive weapon. That control order was made concurrent with the control order to which I have referred. 11 Meanwhile, in July 1999, the applicant was dealt with for an offence of assault. In relation to that offence, he was required to enter into a recognizance to be of good behaviour for 18 months.