Regina v MTN; Regina v CVH [2002] NSWSC 1160

New South Wales Supreme Court

CITATION : Regina v MTN; Regina v CVH [2002] NSWSC 1160 revised - 29/10/2009 FILE NUMBER(S) : SC 70034/00;70012/01 HEARING DATE(S) : 29, 30, 31 January; 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 25 February 2002; 26 April 2002; 14 June 2002 JUDGMENT DATE : 26 August 2002

Regina PARTIES : MTN CVH JUDGMENT OF : O'Keefe J

Mr G T Tabuteau - Crown COUNSEL : Mr P Bodor QC - Prisoner MTN Mr F Santisi - Prisoner CVH DPP, Sydney - Crown SOLICITORS : Michael Croke & Co, Woollahra - Prisoner MTN Nicopoulos & Assoc, Burwod - Prisoner CVH CATCHWORDS : Murder - Manslaughter - Malicious wounding - Affray - Youthful offenders - Immigrants - Youthful victims - Rival gangs - Incorrect identification of victims - Vengeance - Brutal group attack - Knife used - Stabbing - Wounds to heart and lung - Deliberate act - No actual intention to kill - Intention to inflict grievous bodily harm - Drug habits of prisoners - Sentence statistics - Remorse - Contrition - Totality Crimes Act 1900; ss 19A, 24, 35, 61 Crimes (Sentencing Procedure) Act 1999; ss 21A(2), 22, 23, 24 LEGISLATION CITED : Evidence Act 1995: s 165(1) Evidence (Audio and Audiovisual Links) Act 1998 Children (Criminal Proceedings) Act 1987; ss 6, 33 Regina v Storey (1997) 89 A Crim R 519 Regina v Isaacs (1997) 98 A Crim R 587 Savvas v The Queen (1995) 183 CLR 1 Regina v Hill (1980-1981) 3 A Crim R397 CASES CITED : Regina v Dodd (1991-1992) 57 A Crim R 349 Regina v Blacklidge (NSWCCA 12 December 1995 unreported) Regina v Previtera (1997) 94 A Crim R 76 Bollen v Regina (1997 - 1998) 99 A Crim R 510 Regina v Webster, (NSWCCA 15 July 1991, unreported) DECISION : CVH; 1. For the manslaughter of Tremain Watene on 10 November 1997, sentenced to imprisonment for 10 years, to commence on 25 January 2002, and to expire on 24 January 2012. Special circumstances found, and non parole period in respect of this offence fixed to commence on 25 January 2002 and to expire on 24 January 2008, on which date you will become eligible for parole. 2. For the assault on GF on 10 November 1997, sentenced to a fixed term of imprisonment of two years, to commence on 25 January 2002 and to expire on 24 January 2004. This sentence will thus be served concurrently with your sentence for manslaughter. 3. For the offence of affray on 10 November 1997, sentenced to a fixed term of imprisonment of one year to commence on 25 January 2002, and to expire on 24 January 2003. This sentence will thus be served concurrently with your sentence for manslaughter. MTN 1. Sentenced to imprisonment for three years in respect of the conviction on the charge of having maliciously wounded GF on 10 November 1997. Such sentence is to commence on 26 February 2001 and to conclude on 25 February 2004. Non parole period in respect of this offence fixed at two years, to commence on 26 February 2001 and to conclude on 25 February 2003. 2. In respect of the conviction for affray, sentenced to a fixed term of imprisonment of one year to commence on 26 February 2001 and to conclude on 25 February 2002. This sentence will thus be served concurrently with the sentence imposed on you in respect of your conviction for malicious wounding. 3. In respect of the murder of Tremain Watene on 10 November 1997, sentenced to imprisonment for 16 years and 6 months, to commence on 26 February 2002 and to expire on 25 August 2018. Special circumstances found, and as a consequence non parole period fixed at 11 years, to commence on 26 February 2002, and to expire on 25 February 2013, on which date you will become eligible for parole. The sentence imposed in respect of the murder of Tremain Watene is thus partially concurrent with the other sentences already imposed upon you.