R v Filihia [2013] NSWSC 1871

Supreme Court New South Wales

Medium Neutral Citation: R v Filihia [2013] NSWSC 1871 Hearing dates: 5 December 2013 Decision date: 13 December 2013 Before: Adamson J Decision: (1)For the offence of armed robbery with wounding, sentenced to a term of imprisonment for 6 years and 6 months, with a non-parole period of 4 years and 10 months. (2)For the offence of murder, sentenced to a term of imprisonment of 14 years and 3 months, commencing 13 March 2013, with a non-parole period of 10 years and 8 months. Catchwords: CRIMINAL LAW - sentence - plea of guilty - murder and armed robbery - conditional liberty at the time of offence - genuine remorse Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 9, s 12, s 44(2), s 44(2B) Cases Cited: McLaren v R [2012] NSWCCA 284 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Postiglione v The Queen [1997] HCA 26; 189 CLR 295 R v Previtera (1997) 94 A Crim R 76 Category: Sentence Parties: Regina (Crown) Richard Filihia (Offender) Representation: Counsel: PE Barrett (Crown) PM Winch (Offender) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid (Offender) File Number(s): 2012/331980 Publication restriction: Nil

Judgment

Introduction 1In the early hours of Wednesday 24 October 2012 in a brothel in George Street, Clyde, Richard Filihia stabbed and robbed Brian Gaudry who died as a result of the wound. Later that day Mr Filihia was arrested and charged with murder and armed robbery. He pleaded guilty to both charges. He was committed for sentence upon entering the pleas. He was arraigned on 2 August 2013. His sentence was deferred until the completion of the trial of Mr Sio, a co-offender, who had planned the robbery, investigated the layout of the brothel, driven him to the scene and supplied him with clothes in which to commit the robbery as well as providing him with a large hunting knife to use in the robbery. 2Mr Sio was convicted of armed robbery and acquitted of murder. The factual basis of his sentence derives from the evidence at the trial and on the sentence hearing. It is slightly different from the facts set out below, which are largely taken from the Statement of Facts prepared by the Crown and agreed by the offender (the Agreed Facts), as well as admissions made in the Electronically Recorded Interview with Suspected Person (ERISP), some of which are extracted in the Agreed Facts. 3I have had regard to the principles of parity when sentencing Mr Sio and Mr Filihia, paying due regard to the fact that Mr Filihia is to be sentenced for murder and armed robbery with wounding but Mr Sio is to be sentenced only for armed robbery with wounding.