R v Maaka [2015] NSWSC 358

Supreme Court New South Wales

Medium Neutral Citation: R v Maaka [2015] NSWSC 358 Hearing dates: 10 December 2014; 2 April 2015 Decision date: 07 April 2015 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Imprisonment for 20 years with a non-parole period of 15 years Catchwords: CRIMINAL LAW – sentence – murder – guilty plea – intention to inflict grievous bodily harm – severe and violent attack upon homeowner when disturbed during break and enter– offender affected by drugs – criminal record - disrupted upbringing – no finding of special circumstances – Form 1 offences taken into account - partial accumulation upon existing sentences CRIMINAL LAW – sentence – murder – where offender disputes matters in agreed facts – offender unimpressive witness - evidence given by offender at sentence hearing rejected Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Category: Sentence Parties: Regina Euriah Victor Maaka Representation: Counsel: Ms M Cinque (Crown) Mr J Stratton SC (Offender)

Solicitors: Solicitor for Public Prosecutions Hardinlaw File Number(s): 2012/335428; 2012/371733

Judgment 1. HIS HONOUR: On 10 December 2014 the offender, Euriah Victor Maaka, appeared before me and adhered to a plea of guilty he had entered in the Wyong Local Court to a charge that on 27 October 2012 at Hamlyn Terrace he murdered Mr Bill Gogos. I heard evidence and received submissions on sentence last Thursday. 2. The maximum penalty for murder is imprisonment for life and there is also a standard non-parole period of 20 years. These are legislative guideposts that I must bear in mind in the assessment of sentence. (The Crown does not contend that this is a case in which the maximum penalty might be imposed.) 3. The offender also asked that when I sentence him for the murder I take into account his guilt in respect of 16 other offences listed on a Form 1 document.