R v Mathew Aquilina [2013] NSWSC 525

Supreme Court New South Wales

Medium Neutral Citation: R v Mathew Aquilina [2013] NSWSC 525 Hearing dates: 27 - 29 August, 3 - 6 September, 10 - 13 September, 17 - 20 September, 24 - 26 September 2012; 30 November 2012; 1 March 2013; 27 March 2013 Decision date: 10 May 2013 Jurisdiction: Common Law - Criminal Before: Bellew J Decision: 1.The offender is sentenced to a non-parole period of 21 years imprisonment commencing on 5 January 2011 and ending on 4 January 2032, with an additional term of 7 years imprisonment, commencing on 5 January 2032, and ending on 4 January 2039. 2.The total term is one of 28 years imprisonment. 3.The offender will be eligible for parole on 5 January 2032 and his sentence will expire on 4 January 2039. Catchwords: CRIMINAL LAW - murder - where offender pleaded guilty to manslaughter and was convicted by a jury of murder - offender's participation in joint enterprise - where offender killed the deceased by strangulation - where offender a party to disposal and interference of the deceased's body on two occasions - where defence of provocation rejected by the jury - whether evidence supported a finding of provocation as a mitigating factor Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: Butters v R [2010] NSWCCA 1 Cheung v R [2001] HCA 67; (2001) 209 CLR 1 Knight v R [2006] NSWCCA 292 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 Category: Principal judgment Parties: Regina - Crown