NSW Caselaw
New South Wales Supreme Court
CITATION : R v Tuigamala [2004] NSWSC 1254 HEARING DATE(S) : 1/12/04 - 8/12/04, 17/12/04 JUDGMENT DATE : 17 December 2004
JUDGMENT OF : Wood CJatCL at 1 DECISION : Non-parole period of 20 years to date from 7 September 2003. A balance of term of six years. The overall sentence is one of imprisonment for 26 years to date from 7 September 2003, with a non-parole period 20 years to date from 7 September 2003 and to expire on 6 September 2023.
CATCHWORDS : Criminal law - sentencing - murder - plea of not guilty - offence occurring in hotel - issues pertaining to intention to cause grievous bodily harm and provocation - subjective circumstances - s 3A, s 21A, s 44, Division 1A of Part 4 Crimes (Sentencing Procedure) Act 1999. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A, s 44, Part 4 Division 1A R v Berg [2004] NSWCCA 300 R v Fidow [2004] NSWCCA 172 CASES CITED : R v Previtera (1997) 94 A Crim R 76 R v Simpson (2001) 53 NSWLR 704 R v Way [2004] NSWCCA 131 PARTIES : Regina David TUIGAMALA FILE NUMBER(S) : SC 2004/37 COUNSEL : L Wells (Crown) R Hoenig (Defence) SOLICITORS : S Kavanagh (Crown) S E O'Connor (Defence)
- 15 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
WOOD CJ at CL
Friday 17 December 2004
2004/37 Regina v David TUIGAMALA
SENTENCE
1 HIS HONOUR: The prisoner David Tuigamala was convicted after trial of the murder of Barry John Alexander. He now appears for sentence. FACTS:
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