R v Tuki (No. 4) [2013] NSWSC 1864

Supreme Court New South Wales

Medium Neutral Citation: R v Tuki (No. 4) [2013] NSWSC 1864 Hearing dates: 22 November 2013 Decision date: 13 December 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: For Count 1, participation in a criminal group, sentenced to imprisonment comprising a non-parole period of two years and three months commencing on 4 July 2010 and expiring on 3 October 2012, with a balance of term of nine months commencing on 4 October 2012 and expiring on 3 July 2013. For Count 5, being an accessory after the fact to the armed robbery of Tracey Burgess and at the time causing grievous bodily harm to Kesley Burgess, taking into account the matter on the Form 1, sentenced to imprisonment comprising a non-parole period of five years commencing on 4 July 2012 and expiring on 3 July 2017, with a balance of term of two years and six months commencing on 4 July 2017 and expiring on 3 January 2020. For Count 7, whilst in company, being in possession of an offensive weapon with intent to commit an indictable offence, namely intentionally causing grievous bodily harm, sentenced to imprisonment comprising a non-parole period of four years commencing on 4 July 2014 and expiring on 3 July 2018, with a balance of term of three years commencing on 4 July 2018 and expiring on 3 July 2021. For Count 8, possession of a prohibited firearm, sentenced to imprisonment comprising a non-parole period of three years commencing on 4 July 2014 and expiring on 3 July 2017, with a balance of term of one year commencing on 4 July 2017 and expiring on 3 July 2018. The earliest date for release to parole is 3 July 2018. The total effective sentence is one comprising a non-parole period of eight years with a balance of term of three years. Catchwords: CRIMINAL LAW - sentence - pleas of guilty - participate in a criminal group (s.93T(1) Crimes Act 1900) - accessory after the fact to armed robbery involving the infliction of grievous bodily harm (s.349(2) Crimes Act 1900) - possess offensive weapon with intent to commit indictable offence (intentionally cause grievous bodily harm (s.33B(2) Crimes Act 1900) - possess prohibited firearm (s.7(1) Firearms Act 1996) - participation in criminal group over five weeks - participation ended by arrest - active and senior participant in criminal group - group involved in drug supply and in home invasions inflicting injuries upon residents - objective gravity of offences - offences in breach of conditional liberty - relevance of Offender's mental condition - need for specific and general deterrence - partial accumulation of sentences appropriate Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1