R v CARDOSO [2001] NSWSC 775

New South Wales Supreme Court

CITATION : R v CARDOSO [2001] NSWSC 775 FILE NUMBER(S) : SC 70078/00 HEARING DATE(S) : 5 July 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Regina Calisto CARDOSO JUDGMENT OF : Hulme J at 1

COUNSEL : Crown: Mr D Howard Prisoner: Mr P Boulton SOLICITORS : Crown: SE O'Connor Prisoner: Legal Aid Commission NSW DECISION : See paragraph 33

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

70078/00

HULME J

Friday, 7 September 2001

REGINA v CALISTO CARDOSO

REMARKS ON SENTENCE

1 On 12 June last, an indictment was preferred against Calisto Cardoso alleging that on 25 December 1999 he murdered Abilio Nunes. On 29 June the jury returned a verdict of not guilty of murder but guilty of manslaughter. Under s24 of the Crimes Act, the maximum penalty for manslaughter is 25 years. (The maximum penalty for murder is life imprisonment.) It falls now to me to sentence the Prisoner and, in doing so to make any findings of fact necessary in that connection. My findings must be consistent with the verdict of the jury and to the extent to which they are adverse to the Prisoner and not in mitigation, made on the criminal standard of proof.

2 25th December was the date Mr Nunes died. The causes of death were the consequences of a stab wound to his head which occurred on 16 December and which was inflicted by the Prisoner. The events which led to the stabbing were as follows. A few days prior to 16 December 1999 there had been a soccer match arranged between East Timorese refugees at the East Hills Safe Haven and some other East Timorese resident in Australia. A fight had occurred there and the nephew of the deceased was apparently injured. On 16 December the Prisoner, who had not been at the soccer match, was one of a group of refugees from the Safe Haven who went shopping in Liverpool. In the Macquarie Mall the deceased, who was apparently upset at what had occurred to his nephew, accosted some of the group. He said in English something to the effect "You dogs. Why you hitting little kids for." He was angry and his manner was aggressive. I am satisfied that the deceased also said something in Tetum, an East Timorese dialect, understood by the Prisoner. The deceased was prevailed upon by a friend he was with, Mr Bergvall Williams, and an older person to walk away.