R v Karaitiana - [2020] NSWDC 691

District Court

New South Wales

Medium Neutral Citation: R v Karaitiana [2020] NSWDC 691
Hearing dates: 8 October 2020
Decision date: 06 November 2020
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Aggregate term of imprisonment of 12 years with a non parole period of 9 years.

Catchwords:
CRIMES - SENTENCE - firing a firearm at a dwelling house with disregard for the safety of person or persons inside - possessing a shortened firearm without authority - doing an act to pervert the course of justice.

Legislation Cited:
Crimes Act 1900 (NSW), ss93GA(1) and 319; Firearms Act 1996 (NSW), s62(1)(b)

Category: Sentence
Parties:
Regina (Crown)
Hayley Karaitiana (Offender)
Representation:
Mr Kelly (ODPP)
Mr Little (Counsel for the offender)

File Number(s): 2017/00258271
Publication restriction: Nil

Judgment

Hayley Karaitiana, you appear for sentence today in relation to three principal offences.
The first principal offence is firing a firearm at a dwelling house with disregard for the safety of the person or persons inside (Count 1: sequence 1 on indictment… 8.2).
This involves a contravention of s93GA(1) of the Crimes Act. The maximum penalty for that offence is 14 years imprisonment. There is a standard non-parole period of 5 years imprisonment.
In relation this first principal offence, you have asked me to take into account one matter on a Form 1 which I have certified (Count 2 on indictment 8.2), being a matter of possessing a shortened firearm without authority.
The second and third principal offences are each doing an act to pervert the course of justice (sequences 7 and 8 on the relevant charge certificate).
These involve contraventions of s319 of the Crimes Act. The maximum penalty for each offence is 14 years imprisonment. There is no standard non-parole period.
In relation to sequence 7, you have asked me to take into account one matter on another Form 1 which I have also certified – namely, doing an act to pervert the course of justice (sequence 9 on the charge certificate).
The facts surrounding the three principal offences and the two matters on the relevant Form 1 are contained in an amended agreed statement of facts (in relation to the firearm offences) and an agreed statement of facts (in relation to the perverting the course of justice offences) and may be summarised as follows.
In the early hours of the morning of 1 August 2017, Mr Shannon Wilkie fired four shots into a (residential) house at Hurlstone Avenue, Glenfield. That house was occupied by Mr and Mrs Mico and their two young children.
Although Mr Wilkie was the person who actually fired those four shots, you were instrumental in organising for that shooting to occur, including providing the loaded firearm to Mr Wilkie.
The background to this offending is that your children and the children of the Mico family went to the same primary school.
Although you and the Mico family were not close, you each had a mutual friend, Ms Bennett. Ms Bennett was a very close friend of Mrs…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Karaitiana

Details

AGLC: R v Karaitiana [2020] NSWDC 691
Case: [2020] NSWDC 691
Decision Date: 06 November 2020

CaseChat Overview and Summary

The case of R v Karaitiana involved the defendant, Karaitiana, who was charged with multiple serious offences including firing a firearm at a dwelling house, possessing a shortened firearm without authority, and committing an act to pervert the course of justice. The case was heard in the higher courts of Australia, which have jurisdiction over serious criminal matters. The defendant was convicted on all counts and the matter proceeded to sentencing.

The legal issues before the court were to determine an appropriate sentence for the defendant's crimes, taking into account the seriousness of the offences, the circumstances surrounding the commission of the crimes, and the need for deterrence and rehabilitation. The court needed to balance these factors in accordance with sentencing principles under Australian law, particularly focusing on the principle of proportionality and the specific nature of the crimes committed.

The court found the crimes to be of significant gravity, particularly due to the inherent danger posed by the use of firearms and the disregard for human life shown by the defendant. The court considered the defendant’s criminal history and the lack of remorse shown. In determining the sentence, the court aggregated the terms of imprisonment for the offences, resulting in a total term of 12 years with a non-parole period of 9 years. This sentence reflects the severity of the crimes and aims to ensure public safety and deterrence.

The court ordered that Karaitiana serve an aggregate term of imprisonment of 12 years with a non-parole period of 9 years. This order is reflective of the court’s consideration of the seriousness of the offences and the need to uphold the principles of justice, deterrence, and protection of the community.

Orders

Orders of the court

Aggregate term of imprisonment of 12 years with a non parole period of 9 years.

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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Medium Neutral Citation:	R v Karaitiana [2020] NSWDC 691
Hearing dates:	8 October 2020
Decision date:	06 November 2020
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 12 years with a non parole period of 9 years.
Catchwords:	CRIMES - SENTENCE - firing a firearm at a dwelling house with disregard for the safety of person or persons inside - possessing a shortened firearm without authority - doing an act to pervert the course of justice.
Legislation Cited:	Crimes Act 1900 (NSW), ss93GA(1) and 319; Firearms Act 1996 (NSW), s62(1)(b)
Category:	Sentence
Parties:	Regina (Crown) Hayley Karaitiana (Offender)
Representation:	Mr Kelly (ODPP) Mr Little (Counsel for the offender)
File Number(s):	2017/00258271
Publication restriction:	Nil