R v Faumuina

Faumuina was convicted on two counts of assault occasioning actual bodily harm, one under s 35(1) of the Crimes Act 1900 (NSW) for causing grievous bodily harm while being reckless as to causing actual bodily harm, and another for causing grievous bodily harm with intent to cause grievous bodily harm under s 35(2). The matter was heard in the District Court of New South Wales, presided over by Adams J. The legal issues that the court needed to determine included the appropriate sentencing for each count, and the imposition of a non-parole period for each.

In sentencing Faumuina, Adams J considered the nature and circumstances of the offences, as well as the character of Faumuina. The court found that the offences were extremely serious and that Faumuina's offending behaviour demonstrated a lack of remorse and a propensity to violence. The court also considered the impact of the offences on the victims and their families. In determining the non-parole periods, the court considered the seriousness of the offences, the need to protect the community, and the need to deter Faumuina and others from committing similar offences. The court found that Faumuina's offending behaviour warranted a significant period of imprisonment before being eligible for parole.

The court sentenced Faumuina to a term of imprisonment of 5 years and 8 months for the first count, with a non-parole period of 3 years and 4 months, and a term of imprisonment of 7 years and 7 months for the second count, with a non-parole period of 4 years and 3 months. The non-parole periods for each count are to run consecutively, resulting in an overall non-parole period of 5 years and 9 months. The effective overall sentence is one of imprisonment of 9 years and 1 month. Faumuina is eligible for release to parole on 23 September 2024 for the first count and on 23 February 2027 for the second count.