Regina v Trocio [2005] NSWSC 563

New South Wales Supreme Court

CITATION : Regina v Trocio [2005] NSWSC 563

HEARING DATE(S) : 31/03/05, 26/05/05

JUDGMENT DATE : 17 June 2005

JUDGMENT OF : James J at 1

DECISION : Sentence - 12 years - non-parole period of 8 years

CATCHWORDS : CRIMINAL LAW - sentence - murder - plea of guilty as being a principal in the second degree

LEGISLATION CITED : Crimes (Sentencing Procedure) Act

CASES CITED : R v Stokes & Difford (1990) 51 A Crim R 25

PARTIES : REGINA v Prehector Keith TROCIO

FILE NUMBER(S) : SC 2004/10

Ms L Wells - Crown COUNSEL : JS Stratton SC - Prisoner

Ms C Howard - Crown SOLICITORS : M Marshall - Prisoner

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JAMES J

Friday 17 June 2005

2004/10 REGINA v Prehector Keith TROCIO

SENTENCE 1 HIS HONOUR: On 31 March 2005 the prisoner Prehector Trocio pleaded guilty, when arraigned before me on a charge that on 15 December 2002 at Regents Park in the State of New South Wales he murdered Palatavake Tauveli. On 31 March 2005 the proceedings for the sentencing of the prisoner were adjourned to 26 May, when a sentence hearing was conducted. During the adjournment of the proceedings on sentence a report about the prisoner by a psychologist Suzanne Freeman was obtained by the prisoner's legal representatives. 2 A joint trial of the prisoner and another man Angelito Almirol on a charge of murdering Mr Tauveli had been fixed to commence on 7 March 2005 but the trial did not proceed, because of the absence overseas of a witness the Crown wished to call. Almirol has maintained a plea of not guilty to the charge of murdering Mr Tauveli and a separate trial of Almirol on that charge has now been fixed to commence on 4 October 2005. 3 In these proceedings for the sentencing of the prisoner a document setting out facts which were agreed was admitted into evidence. The agreed facts were in the following terms:-