R v Ahola (No 8) [2013] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: R v Ahola (No 8) [2013] NSWSC 1128 Hearing dates: 2 August 2013 Decision date: 16 August 2013 Jurisdiction: Common Law - Criminal Before: Button J Decision: Sentenced to imprisonment for 24 years to date from 19 October 2011 and expire on 18 October 2035, comprising a non-parole period of 18 years, followed by a balance of the term of sentence of 6 years. The first date upon which the offender will be eligible for release to parole is 18 October 2029. Catchwords: CRIMINAL LAW - murder - plea not guilty - assault on deceased with wooden baton -19 injuries to head of deceased - offender in a relationship with deceased - offender longstanding problems with alcohol - guarded optimism about prospects of rehabilitation - sentence imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Isaacs (1997) 41 NSWLR 374; (1997) 90 A Crim R 587 R v Previtera (1997) 94 A Crim R 76 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Category: Sentence Parties: Regina Jouni Risto Ahola (offender) Representation: Counsel: K Alder (Regina) G Scragg (offender) Solicitors: Solicitor for Public Prosecutions (Regina) Legal Aid NSW (offender) File Number(s): 2011/333607

Judgment 1On 29 April 2013, Jouni Risto Ahola (to whom I shall usually refer in these remarks as "the offender") was arraigned before a jury panel and me. The single count contained in the indictment alleged that, on 18 October 2011, he murdered Sandra Margaret Thomson (to whom I shall usually refer in these remarks as "the deceased"). The offender pleaded not guilty, a jury was empanelled, and the trial proceeded until 30 May 2013. On that day, the jury returned a verdict of guilty of murder. On 2 August 2013 evidence was taken and submissions received in the proceedings on sentence. As a result of those events, the offender comes before the court for sentence today.