R v Koloamatangi [2011] NSWCCA 288

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Koloamatangi [2011] NSWCCA 288 Hearing dates: 11 November 2011 Decision date: 20 December 2011 Before: Basten JA at 1; Adams J at 67; Johnson J at 68; Decision: (1) Allow the appeal of the Director of Public Prosecutions and set aside the sentences imposed on 23 May 2011 by Sweeney DCJ in the District Court on the respondent, Tevi Koloamatangi, in respect of the following offences: (a) aggravated break, enter and steal, committed at Narwee on 29 May 2009, and (b) shoot at Sergeant de Lorenzo with intent to murder, committed at the Lakes Hotel, Mascot on 31 May 2009. (2) In lieu thereof, resentence the offender as follows: (a) in respect of aggravated break, enter and steal at Narwee, set a non-parole period of 4 years 4 months commencing on 31 May 2009 and expiring on 30 September 2013, with an additional period of 17 months, commencing on 1 October 2013 and expiring on 28 February 2015; (b) in respect of the offence of shoot at Sergeant de Lorenzo with intent to murder, committed at the Lakes Hotel, Mascot, on 31 May 2009, set a non-parole of 10 years, to commence on 31 May 2013 and terminating on 30 May 2023, with an additional period of 3 years and 4 months, commencing on 31 May 2023 and terminating on 30 September 2026. (3) The offender is first eligible for release from custody on 30 May 2023. Catchwords: CRIMINAL LAW - prosecution appeal - sentencing -- whether manifestly inadequate - aggravated break, enter and steal - consideration of aggravating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW)