R v Tuuta [2014] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Tuuta [2014] NSWCCA 40 Hearing dates: 17 March 2014 Decision date: 03 April 2014 Before: Bathurst CJ at [1] Hoeben CJ at CL at [2] Bellew J at [3] Decision: (i)the Crown appeal is allowed; (ii)the sentence imposed by his Honour Judge Craigie SC on 7 August 2013 is quashed; (iii)in lieu thereof, the respondent is sentenced to a non-parole period of 5 years imprisonment commencing on 3 September 2012 and expiring on 2 September 2017, with an additional term of one year and 8 months imprisonment commencing on 3 September 2017 and expiring on 2 May 2019; (iv)the total sentence is one of 6 years and 8 months imprisonment; (v)the respondent will be eligible for release on parole on 2 September 2017; (vi)the total term of imprisonment will expire on 2 May 2019. Catchwords: APPEAL - Crown appeal against manifest inadequacy of sentence - respondent found guilty by a jury of causing grievous bodily harm with intent - unprovoked assault constituted by repeated blows upon the victim causing bilateral fracture of the jaw - offending found by sentencing judge to amount to a gratuitous and vicious assault - where respondent had a history of violent offending and was on parole for similar offending at the time - youth of the respondent the sole mitigating factor found by sentencing judge -non-parole period of 3 years, 7 months and 6 days imprisonment, with a balance of term of 2 years, 4 months and 25 days imposed at first instance - sentence manifestly inadequate - particular need for a strong measure of general deterrence - respondent re-sentenced to a non-parole period of 5 years imprisonment with an additional term of 1 year and 18 months - finding of special circumstances not warranted Legislation Cited: Crimes Act 1900 NSW Cases Cited: AM v R [2012] NSWCCA 203 Dinsdale v R [2000] HCA 54 Duncombe v R [2003] NSWCCA 27 Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 Han v R [2009] NSWCCA 300 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Matzick v R [2007] NSWCCA 92 Paxton v R [2011] NSWCCA 242 R v Carter [2003] NSWCCA 243 R v Fidow [2004] NSWCCA 172 R v Hili; R v Jones [2010] HCA 45; 242 CLR 520 R v MAK; R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v Nguyen [2013] NSWCCA 195 R v Simpson (2001) 53 NSWLR 704 R v Woods CCA (NSW) 9 October 1990 unreported R v Zamagias [2002] NSWCCA 17 R v Zhang [2004] NSWCCA 358 Ramea v R [2013] NSWCCA 310 RLS v R [2012] NSWCCA 236 Category: Principal judgment Parties: Regina - Crown