R v Maumaga LEIATAUA [2008] NSWSC 170

New South Wales Supreme Court

CITATION : R v Maumaga LEIATAUA [2008] NSWSC 170

HEARING DATE(S) : 29 January 2008

JUDGMENT DATE : 28 February 2008

JUDGMENT OF : Mathews AJ

DECISION : In relation to offence of threatening injury to Fou Tuavao with intent to commit an indictable offence, sentenced to a fixed term of imprisonment of 2 years to commence on 11 March 2007 and to expire on 10 March 2009. In relation to the murder of Sharna De-Courcey, and taking into account the offence on Form 1, sentenced to imprisonment consisting of a non-parole period of 17 years, to commence on 11 September 2007 and to expire on 10 September 2024. The balance of term of imprisonment will be 6 years and 6 months, commencing on 11 September 2024 and expiring on 10 March 2031. The first date on which offender will be eligible for release on parole will be 10 September 2024.

CATCHWORDS : CRIMINAL LAW - sentence - plea of guilty to murder and associated charges - ferocity and brutality of the killing an aggravating factor

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900

PARTIES : Regina (Crown) Maumaga LEIATAUA (Accused)

FILE NUMBER(S) : SC 2007/2709

COUNSEL : M Barr (Crown) C Smith (Accused)

SOLICITORS : S Kavanagh (Crown) SE O'Connor (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MATHEWS AJ

Thursday 28 February 2008

2007/2709 R v Maumaga LEIATAUA

REMARKS ON SENTENCE 1 HER HONOUR: On 29 January 2008 Maumaga Leiataua pleaded guilty, on Indictment, to the following two charges:

First: that on 11 March 2007 he murdered Sharna De-Courcey. Second: that on the same date he threatened injury to Fou Tuavao with intent to commit an indictable offence, namely wounding with intent to do grievous bodily harm.