CITATION: R v CARDOSO [2001] NSWSC 775 FILE NUMBER(S): SC 70078/00 HEARING DATE(S): 5 July 2001 JUDGMENT DATE:
7 September 2001PARTIES :
Regina
Calisto CARDOSOJUDGMENT OF: Hulme J at 1
COUNSEL : Crown: Mr D Howard
Prisoner: Mr P BoultonSOLICITORS: Crown: SE O'Connor
Prisoner: Legal Aid Commission NSWDECISION: See paragraph 33
IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
70078/00
HULME J
REGINA v CALISTO CARDOSO
REMARKS ON SENTENCE
1 On 12 June last, an indictment was preferred against Calisto Cardoso alleging that on 25 December 1999 he murdered Abilio Nunes. On 29 June the jury returned a verdict of not guilty of murder but guilty of manslaughter. Under s24 of the Crimes Act, the maximum penalty for manslaughter is 25 years. (The maximum penalty for murder is life imprisonment.) It falls now to me to sentence the Prisoner and, in doing so to make any findings of fact necessary in that connection. My findings must be consistent with the verdict of the jury and to the extent to which they are adverse to the Prisoner and not in mitigation, made on the criminal standard of proof.
2 25th December was the date Mr Nunes died. The causes of death were the consequences of a stab wound to his head which occurred on 16 December and which was inflicted by the Prisoner. The events which led to the stabbing were as follows. A few days prior to 16 December 1999 there had been a soccer match arranged between East Timorese refugees at the East Hills Safe Haven and some other East Timorese resident in Australia. A fight had occurred there and the nephew of the deceased was apparently injured. On 16 December the Prisoner, who had not been at the soccer match, was one of a group of refugees from the Safe Haven who went shopping in Liverpool. In the Macquarie Mall the deceased, who was apparently upset at what had occurred to his nephew, accosted some of the group. He said in English something to the effect "You dogs. Why you hitting little kids for." He was angry and his manner was aggressive. I am satisfied that the deceased also said something in Tetum, an East Timorese dialect, understood by the Prisoner. The deceased was prevailed upon by a friend he was with, Mr Bergvall Williams, and an older person to walk away.
3 A little time later, he and Mr Bergvall Williams, returned to the area of the confrontation. What transpired between then and the stabbing was the subject of evidence from numerous witnesses. There was a deal of disagreement between them. Some of this will have been due to the dramatic nature of what occurred, some because witnesses looked away or their vision became obstructed during the course of events and some for other reasons. Undoubtedly some of the witnesses were more impressive than others. I am satisfied of the following.
4 Some of the refugees had previously returned to the…
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- AGLC
- R v Cardoso [2001] NSWSC 775
- Case
- [2001] NSWSC 775
- Decision Date
CaseChat Overview and Summary
The court, Hulme J, concluded that while provocation played a role, it did not preclude finding an intent to cause grievous bodily harm. The court assessed the gravity of the offence, considering the degree of provocation, loss of self-control, and the level of violence. It noted that although Cardoso's history suggested a lack of prior violence, the deliberate use of a knife in the fight was highly significant. The court emphasised the importance of deterrence and retribution, recognising that while Cardoso's background warranted some sympathy, the deliberate use of a weapon in a fight was unjustifiable. The maximum penalty for manslaughter is 25 years imprisonment, but considering the circumstances and relevant case law, the court imposed a sentence of 8 years imprisonment, with a non-parole period of 5 years. This decision aimed to balance the need for deterrence, retribution, and the specific circumstances of Cardoso and the victim.
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