R v Natuba; R v Tamapua [2012] NSWSC 1569

Supreme Court New South Wales

Medium Neutral Citation: R v Natuba; R v Tamapua [2012] NSWSC 1569 Hearing dates: 1 November 2012, 2 November 2012 Decision date: 13 December 2012 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Natuba For the offence of robbery whilst armed with an offensive weapon committed at Warwick Farm on 1 July 2010, sentenced to imprisonment comprising a non-parole period of three years and nine months commencing on 2 July 2010 and expiring on 1 April 2014, with a balance of term of one year and three months commencing on 2 April 2014 and expiring on 1 July 2015. For the offence of murder of Kesley Burgess at Lurnea on 1 July 2010, taking into account the offence on the Form 1, sentenced to imprisonment comprising a non-parole period of 10 years commencing on 2 July 2011 and expiring on 1 July 2021, with a balance of term of four years commencing on 2 July 2021 and expiring on 1 July 2025. The earliest date on which you will be eligible for release on parole is 1 July 2021. Tamapua For the offence of specially aggravated break, enter and steal committed at Ashcroft on 29 June 2010, sentenced to imprisonment comprising a non-parole period of three years commencing on 26 March 2011 and expiring on 25 March 2014 with a balance of term of one year commencing on 26 March 2014 and expiring on 25 March 2015. For the offence of possession of an unauthorised firearm, sentenced to imprisonment comprising a non-parole period of two years commencing on 26 September 2011 and expiring on 25 September 2013, with a balance of term of one year commencing on 26 September 2013 and expiring on 25 September 2014. For the offence of possession of an offensive weapon in company with intent to commit an indictable offence, sentenced to imprisonment comprising a fixed term of imprisonment for two years commencing on 26 September 2011 and expiring on 25 September 2013. For the murder of Kesley Burgess at Lurnea on 1 July 2010, taking into account the offences on the Form 1, sentenced to imprisonment comprising a non-parole period of 10 years, commencing on 26 September 2012 and expiring on 25 September 2022 with a balance of term of four years commencing on 26 September 2022 and expiring on 25 September 2026. The earliest date on which you will be eligible for release on parole is 25 September 2022. Catchwords: CRIMINAL LAW - sentence - murder - specially aggravated break, enter and steal - armed robbery - home invasions committed over three-day period - young offenders armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders - relevance of youth - importance of general deterrence and need for punishment - assistance to authorities - undertaking by Offenders to give evidence against co-accused - discount on sentence Legislation Cited: Crimes Act 1900 Firearms Act 1996 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v MA; R v Byquar; R v Ramos [2012] NSWSC 1527 R v Tuki [2012] NSWSC 1436 R v Previtera (1997) 94 A Crim R 76 R v Bollen (1998) 99 A Crim 501 R v Wright [2009] NSWCCA 3 R v JW [2010] NSWCCA 49; 77 NSWLR 7 KR v R [2012] NSWCCA 32 R v Pham and Ly (1991) 55 A Crim R 128 R v Murrell [2012] NSWCCA 90 Haines v R [2012] NSWCCA 238 Wahl v State of Tasmania [2012] TASCCA 5 KT v R [2008] NSWCCA 51; 182 A Crim R 571 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Tomasi Natuba (Offender) Anaterea Tamapua (Offender) Representation: Counsel: Mr LL Lungo (Crown) Ms CT Loukas SC (Offender Natuba) Mr RC Pontello (Offender Tamapua) Solicitors: Director of Public Prosecutions (Crown) Andrew Harris & Associates (Offender Natuba) Breton Legal Pty Limited (Offender Tamapua) File Number(s): 2010/223176 (Offender Natuba) 2010/250321 (Offender Tamapua) Publication restriction: ---