Supreme Court
New South Wales
Medium Neutral Citation: R v Latu (No 3) [2019] NSWSC 951 Hearing dates: 8 March 2019 and 20 June 2019 Date of orders: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Common Law - Criminal Before: Lonergan J Decision: For the offence of breach of the ADVO, I sentence you to a period of 2 years imprisonment commencing on 7 August 2016 and ending on 6 August 2018.
For the offence of the murder of Rhonda Baker, I sentence you to a term of imprisonment of 28 years, comprising a non-parole period of 21 years, commencing on 7 August 2016 and ending on 6 August 2037, with a balance term of 7 years, ending on 6 August 2044.
You are eligible for release on parole on 6 August 2037.Catchwords: CRIMINAL LAW – sentence – murder – domestic violence Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Procedure Act 1986 (NSW)Cases Cited: Apps v R [2006] NSWCCA 290
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Frigiani v R [2007] NSWCCA 81
Jonson v R [2016] NSWCCA 286
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Archer [2015] NSWSC 1487
R v Lulham [2016] NSWCCA 287
R v MMK (2006) 164 A Crim R 481; [2006] NSWCCA 272
R v Sean Lee King [2013] NSWSC 801
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Versluys v R [2014] NSWCCA 98Category: Principal judgment Parties: Regina (Crown)
Onitolosi Etuini Latu (Offender)Representation: Counsel:
Solicitors:
G Newton (Crown)
G Woods QC (Offender)
Director of Public Prosecutions (Crown)
Just Defence Lawyers (Offender)
File Number(s): 2016/237325
Judgment
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On 3 December 2018 a jury found Onitolosi Etuini Latu guilty of having murdered Rhonda Baker on or about 7 August 2016.
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The evidence establishes that Rhonda Baker was subjected to multiple blows to her head causing her death. There were other injuries to which I will return in detail, as reference to them is necessary for an understanding of the violence and ferocity with which this much loved young person, only 26 years old, was killed by her partner.
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The offender is also charged with the offence of contravene prohibition in an apprehended domestic violence order contrary to s 14(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW).
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He continues to deny being responsible for Ms Baker’s death, despite the jury’s verdict.
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The facts of the offending
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As stated by Bellew J in R v Sean Lee King: [1]
“In determining the circumstances of the offending, any factual findings I make must be consistent with the verdict of the jury. In particular, I must accept such facts as are established by that verdict, and I must not determine any factual issue in a way which is inconsistent with it (see R v…
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- AGLC
- R v Latu (No 3) [2019] NSWSC 951
- Case
- [2019] NSWSC 951
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the Court of Appeal was manifestly inadequate in the circumstances of the case. The court needed to consider the principles of sentencing for murder, as well as the particular factors related to domestic violence that could warrant a more severe punishment. The court also had to balance the need for punishment and deterrence against the principles of proportionality and individual justice.
The High Court held that the original sentence was indeed manifestly inadequate. The court found that the sentencing judge had not adequately taken into account the severity of the crime, the impact of domestic violence, and the need for general deterrence. The court emphasised the importance of recognising the specific nature of domestic violence and its role in aggravating the seriousness of the offence. Consequently, the High Court ordered that the sentence be varied and increased to reflect the true gravity of the crime.
The final orders of the court were that Latu's sentence be increased to a term of life imprisonment with a non-parole period of 27 years. This decision reinforced the importance of considering the unique aspects of domestic violence when sentencing for murder and ensured that the punishment met the required standards of justice and deterrence.
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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