R v TUIGAMALA [2008] NSWSC 706

New South Wales Supreme Court

CITATION : R v TUIGAMALA [2008] NSWSC 706

HEARING DATE(S) : 27 June 2008

JUDGMENT DATE : 11 July 2008

JUDGMENT OF : Hulme J at 1

DECISION : I nominate as the limiting term in respect of the Prisoner's offence, 21 years commencing on 7 September 2003

PARTIES : Regina David Tuigamala

FILE NUMBER(S) : SC 2004/2300

COUNSEL : Crown: Mr K McKay Prisoner: Mr M Ierace SC

SOLICITORS : S Kavanagh S O'Connor

- 13 - IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION 2004/2300

HULME J

Friday, 11 July 2008

REGINA v David TUIGAMALA

REMARKS ON SENTENCE 1 HULME J: I sit here because of another death and another life ruined – events contributed to by the ease with which, in this State, it is possible to drink alcohol all night. 2 On 11 April last a jury found that "on the limited evidence available the Accused committed the offence of murder". He now stands for sentence or, more accurately, for the fixing of a limited term under s23 of the Mental Health (Criminal Procedure) Act. This follows a finding by Studdert J on 15 May 2007 that the Applicant was unfit to be tried.

3 Pursuant to s19A of the Crimes Act, the offence of murder carries a maximum sentence of imprisonment for life. Pursuant to s54A et seq. of the Crimes (Sentencing Procedure) Act, there is a standard non-parole period of 20 years, those statutory provisions requiring a court to impose that penalty for an offence in the middle of the range of objective seriousness unless the court determines that there are reasons, falling within the terms of s21A of that Act, for setting a longer or shorter non-parole period.