R v Matavesi - [2020] NSWDC 539

District Court

New South Wales

Medium Neutral Citation: R v Matavesi [2020] NSWDC 539
Hearing dates: 8 July 2020
Decision date: 08 July 2020
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of five years three months with a non parole period of three years.

Catchwords:
CRIME - Choke with intent to commit a serious indictable offence occasioning actual bodily harm - aggravated detention with intent - use an offensive weapon with intent to commit an indictable offence – damage property.
SENTENCING – Relevant factors on sentencing – victim impact - early guilty plea – offender a victim of domestic violence – background involving trauma -long standing psychological health and drug and alcohol issues - intoxicated - special circumstances

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571
DPP v De La Rosa [2010] NSWCCA 155
Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704.

Category: Sentence
Parties: Mandy Fatima Matavesi (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr S Fraser, Public Defender (for the Offender)
Solicitors:
Legal Aid NSW (for the Offender)
Ms A Kerr, Director of Public Prosecutions

File Number(s): 2019/00335074

SENTENCE – EX TEMPORE REVISED

Amanda Matavesi is to be sentenced today for four (4) very serious offences which she committed against her friend and neighbour on the evening of 24 October 2019 and the early hours of 25 October 2019.
Those offences are:

Choke with intent to commit a serious indictable offence occasioning actual bodily harm: s 37(2) Crimes Act 1900; maximum penalty 25 years imprisonment;

Aggravated detention with intent, the circumstances of aggravation being to obtain an advantage being money, and occasioning actual bodily harm during the intention: s 86(2)(b) Crimes Act; maximum penalty of 20 years imprisonment;

Use an offensive weapon with intent to commit an indictable offence, the weapon being a knife: s 33B(1)(a) Crimes Act; maximum penalty 12 years imprisonment;

Intentionally damage property: s 195(1)(a) Crimes Act; maximum penalty five years imprisonment.

Those maximums are one guide to the exercise of my sentencing discretion. They do not compel any one result, but they do reflect the seriousness with which Parliament on behalf of the community views each of these offences individually.
Because Matavesi entered her pleas of guilty in the Local Court I will reduce each of the sentences I will indicate by 25% to reflect the utilitarian value of those pleas of guilty: s 22D Crimes (Sentencing Procedure) Act 1999. When I come to formulate an aggregate sentence I will take care not to diminish the value of those reductions. The early plea is also a demonstration of practical remorse; I will have more to say about that later.
Matavesi was arrested on 25 October 2019. She has been in custody ever since. Although she served a short sentence in 2018, this is her first significant term of full time imprisonment. It is…

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 Matavesi

Details

AGLC: R v Matavesi [2020] NSWDC 539
Case: [2020] NSWDC 539
Decision Date: 08 July 2020

CaseChat Overview and Summary

The case of R v Matavesi involved the appellant who was charged with multiple offences including choking a victim with intent to commit a serious indictable offence resulting in actual bodily harm, aggravated detention with intent, use of an offensive weapon with intent to commit an indictable offence, and damaging property. The case was heard in the higher court of Australia. The appellant pleaded guilty to all charges and the matter proceeded to sentencing.

The court was required to determine the appropriate sentence considering various mitigating and aggravating factors. These included the impact on the victim, the appellant's early guilty plea, the appellant's history as a victim of domestic violence, a background involving trauma, long-standing psychological health issues, drug and alcohol problems, the appellant's intoxication at the time of the offence, and any other special circumstances. The court had to weigh these factors to arrive at a just and proportionate sentence.

In delivering the judgment, the court acknowledged the significant mitigating factors but also recognised the seriousness of the offences committed. The court determined that while the appellant's background and circumstances provided some mitigation, they did not negate the gravity of the crimes. The court imposed an aggregate sentence of five years and three months with a non-parole period of three years, considering the totality of the circumstances and the need to balance the interests of justice, deterrence, and rehabilitation.

The court ordered the appellant to serve a sentence of five years and three months with a non-parole period of three years.

Orders

Orders of the court

Aggregate sentence of five years three months with a non parole period of three 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 Matavesi [2020] NSWDC 539
Hearing dates:	8 July 2020
Decision date:	08 July 2020
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of five years three months with a non parole period of three years.
Catchwords:	CRIME - Choke with intent to commit a serious indictable offence occasioning actual bodily harm - aggravated detention with intent - use an offensive weapon with intent to commit an indictable offence – damage property. SENTENCING – Relevant factors on sentencing – victim impact - early guilty plea – offender a victim of domestic violence – background involving trauma -long standing psychological health and drug and alcohol issues - intoxicated - special circumstances
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571 DPP v De La Rosa [2010] NSWCCA 155 Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704.
Category:	Sentence
Parties:	Mandy Fatima Matavesi (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr S Fraser, Public Defender (for the Offender) Solicitors: Legal Aid NSW (for the Offender) Ms A Kerr, Director of Public Prosecutions
File Number(s):	2019/00335074