R v Villaluna [2017] NSWSC 1390

Supreme Court New South Wales

Medium Neutral Citation: R v Villaluna [2017] NSWSC 1390 Hearing dates: 22 September 2017 Date of orders: 12 October 2017 Decision date: 12 October 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: For the offence of wounding with intent to cause grievous bodily harm upon Jovi Pilapil, the offender is convicted. The offender is sentenced to a term of imprisonment of 12 years. Pursuant to s 44(1) of the Crimes (Sentencing Procedure) Act 1999 the Court sets a non-parole period of 9 years commencing on 30 March 2016, and an additional term of 3 years commencing 30 March 2025 and ending on 29 March 2028.

For the murder of Keith Collins, the offender is convicted. The offender is sentenced to a term of imprisonment of 34 years. Pursuant to ss 44(1) and (2) of the Crimes (Sentencing Procedure) Act 1999 the Court sets a non-parole period of 24 years commencing on 30 March 2022, and an additional term of 10 years commencing on 30 March 2046 and ending on 29 March 2056.

The overall sentence is 40 years' imprisonment comprising a non-parole period of 30 years and an additional term of 10 years. The sentence is taken to have commenced on 30 March 2016. The offender will be eligible for release on parole on 30 March 2046 and his last sentence will expire on 29 March 2056. Catchwords: CRIMINAL LAW – sentencing – murder – wounding with intent to cause grievous bodily harm – offender abused and tormented ex-partner – offender followed ex-partner to shopping centre – ex-partner on dinner date – offender stabbed companion to death and wounded ex-partner – murder planned – no remorse – plea of guilty – comparable cases – accumulation and concurrency – sentence for wounding 12 years with non-parole of 9 years – sentence for murder 34 years with non-parole of 24 years Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahyadi v R 168 A Crim R 41; [2007] NSWCCA 1 Director of Public Prosecutions (Cth) v De La Rosa 79 NSWLR 1; [2010] NSWCCA 194 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 Milat v R; Klein v R [2014] NSWCCA 29 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 Mulvihill v R [2016] NSWCCA 259 Pearce v R 194 (1998) CLR 610; [1998] HCA 57 R v Cullen [2015] NSWSC 768 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v Maglovski (No 2) [2013] NSWSC 16 R v Mulvihill [2014] NSWSC 443 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Thomson; R v Houlten 49 NSWLR 383; [2000] NSWCCA 309 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Regina (Crown) Alexander Villaluna (Accused) Representation: Counsel: G O'Rourke (Crown) A Webb (Accused)