| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2020 0083
| THE QUEEN | Crown |
| v | |
| JOSHUA HORTON | Accused |
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JUDGE: | Tinney J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 21, 22 & 23 June 2021 |
DATE OF SENTENCE: | 2 July 2021 |
CASE MAY BE CITED AS: | R v Horton |
MEDIUM NEUTRAL CITATION: | [2021] VSC 396 |
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CRIMINAL LAW – Sentence – Manslaughter and intentionally causing serious injury (‘ICSI) – Unprovoked knife attack at bus stop upon brothers aged 17 and 18 – Accused found guilty by jury after trial for murder - Aged 18 at time of crimes and still only 20 – Early offer to plead guilty to manslaughter and ICSI – Serious criminal history – Lack of remorse – Reduced impact of youth – Serious examples of crimes – Denunciation, general and specific deterrence, and protection of community all important sentencing purposes – Total effective sentence of 13 ½ years’ imprisonment – Non-parole period of 9 ½ years’ imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Gibson QC with Ms S Lenthall | Ms A Hogan, Solicitor for Public Prosecutions |
| For the Accused | Mr S Norton with Mr J Barrera | Stary Norton Halphen |
HIS HONOUR:
Introduction
Joshua Horton, by unprovoked, cowardly, brutal and entirely senseless acts of violence, you caused the death of a 17 year old child named Maaka Hakiwai (‘Maaka’) and caused serious injury to his older brother Nathanial Hakiwai (‘Nathanial’). For those acts, you have been found guilty by a jury of manslaughter and intentionally causing serious injury (‘ICSI’).
The maximum penalty for manslaughter at the time of your offence was imprisonment for 20 years. The maximum penalty for ICSI is also 20 years.
Manslaughter and ICSI are both category 2 offences under s 3(1) of the Sentencing Act 1991 (‘the Act’). This means that pursuant to s 5(2H) of the Act, in sentencing you I am required to impose a sentence of imprisonment upon you in the absence of the application of one of the exceptions contained in parts (a) to (e) of that subsection. It has not been submitted on your behalf that I should do anything other than impose a term of imprisonment and set a non-parole period.
Background
Nathanial was aged 18 at the time of the events. His younger brother Maaka was 17, having celebrated his birthday only ten days before his death. They are the two sons of Stirling and Karli Hakiwai. Mr Hakiwai was from New Zealand of Maori background. He moved to Australia in 1999, meeting his eventual wife shortly after his arrival. They have four children together, the younger two being sisters for Nathanial and Maaka named Leilani and Kiripaeahi.
For some years, the family lived on the Gold Coast while Mr Hakiwai worked in various locations on a fly-in fly-out basis. In May 2019, however, he secured new employment in Melbourne. He relocated here in June 2019, and was joined in turn by Maaka and then Nathanial. It was planned…
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- AGLC
- R v Horton [2021] VSC 396
- Case
- [2021] VSC 396
- Decision Date
CaseChat Overview and Summary
The primary legal issue was determining the appropriate sentence for the serious nature of the crimes, while also considering the youth of the offender. The court noted that although Horton was young, the gravity of the offences, his criminal history, and lack of remorse reduced the impact of his youth. The court found that a significant sentence was necessary to serve the purposes of denunciation, deterrence, and protection of the community. The court also had to determine the appropriate non-parole period, taking into account the totality of the circumstances.
The court considered the principles of sentencing and the specific circumstances of the case before determining that a total effective sentence of 13 ½ years’ imprisonment was appropriate. The non-parole period was set at 9 ½ years’ imprisonment, reflecting the seriousness of the offences and the need for general and specific deterrence. The court emphasised the importance of denunciation, deterrence, and protection of the community in reaching its decision.
The final orders of the court were that the accused be imprisoned for a total effective sentence of 13 ½ years, with a non-parole period of 9 ½ years. This sentence reflects the gravity of the offences and the need to serve the purposes of sentencing while also taking into account the youth of the offender.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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