R v Costa [2011] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: R v Costa [2011] NSWSC 1392 Hearing dates: 15 July 2011 Decision date: 26 July 2011 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Affray: Sentenced to a fixed term of imprisonment of 2 years 4 months. The sentence is to date from 4 July 2009 and expire on 3 November 2011. Manslaughter: Sentenced to imprisonment comprising a non-parole period of 3 years 3 months and a balance of the term of the sentence of 3 years 4 months. The sentence is to date from 4 January 2010. The offender will be eligible for release on parole upon the expiration of the non-parole period on 3 April 2013. The total term will expire on 3 August 2016. That is a total sentence of 7 years 1 month with a non-parole period of 3 years 9 months. Catchwords: CRIMINAL LAW - sentence - manslaughter and affray - melee between rival motorcycle club members at airport - deterrence and denunciation - plea of guilty - favourable subjective case - special circumstances - parity with co-offenders Legislation Cited: Crimes Act 1900 Category: Sentence Parties: Regina Tiago Costa Representation: Ms N Adams with Ms H Roberts (Crown) Mr M Pickin (Offender) Solicitor for Public Prosecutions Kiki Kyriacou Lawyers File Number(s): 2009/72013; 2009/13753

Judgment 1HIS HONOUR: On 9 May 2011 the offender, Tiago Costa, pleaded guilty to offences of affray and manslaughter. The offences are against s 93C and ss 18 & 24 respectively of the Crimes Act 1900 and the maximum penalties are imprisonment for 10 years and imprisonment for 25 years. 2On 15 July 2011 I heard and received evidence and submissions on sentence before standing the matter over until today.