R v Naquita Heaki

District Court

New South Wales

Medium Neutral Citation:

R v Naquita Heaki [2021] NSWDC 296

Hearing dates:

4 June 2021

Decision date:

02 July 2021

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

For orders see [137]

Catchwords:

One count of reckless grievous bodily harm; one count of destroy or damage property less than $2000 in value; parity in sentencing.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Crimes Act 1900

Criminal Procedure Act 1986

Cases Cited:

Brown v R [2020] NSWCCA 132

Cahyadi v R (2007) 168 A Crime R 41; [2007] NSWCCA 1

DPP (Cth) v De La Rosa (2010) 79 NSWLR1; [2010] NSWCCA 194

Green v The Queen (2011) 244 CLR 462; [2011] HCA 49

Mandranis v R [2021] NSWCCA 97

McCullough v R [2009] NSWCCA 94

Muldrock v The Queen (2011) 224 CLR 120; [2011] HCA 39

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

R v Chandler; Chandler v R [2012] NSWCCA 135

R v Edwards (1996) 90 A Crim R 510

R v Rhodes [2017] NSWSC 694

R v Tuhakaraina [2016] NSWCCA 81

Waterfall v R [2019] NSWCCA 28

Waters v R [2007] NSWCCA 209

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Naquita Heaki (Offender)

Representation:

Counsel:
K McKenzie (Crown)
S Climo (Offender)

File Number(s):

20/126947

REMARKS ON SENTENCE

1. The offender is to be sentenced for one count of reckless grievous bodily harm in company pursuant to s 35(1) of the Crimes Act 1900 for an offence that occurred on 26 April 2020. The maximum penalty for the offence is 14 years imprisonment and there is a standard non-parole period of 5 years imprisonment.

2. A related offence pursuant to a certificate under s 166 of the Criminal Procedure Act 1986 is sequence 2, destroy or damage property less than $2000. The maximum penalty for that offence is two years imprisonment and/or a fine of 20 penalty units.

3. The offender was arrested on 26 April 2020. She was in custody from 26 April 2020 until 16 September 2020 when she was released on bail. She was born on 19 February 1989 and the co-offender was Tongia Halisi Heaki, her husband.

The sentence hearing

4. The sentence hearing took place on 4 June 2021. The Crown sentence summary became Ex A, and it included an agreed statement of facts which may be summarised as follows.

5. The offender and her husband lived in premises at Hurstville with their three children aged between four and nine years of age. On the evening of Saturday 25 April 2020 the offender’s sister, Eryka Hakaraia arrived to babysit the three children overnight.

6. The next morning the offender and co-offender returned home. At approximately 9am, Eryka observed the offender to be in an agitated state. The offender told Eryka that the co-offender was concerned that something had happened to their friend Astrid and that they were trying to contact Astrid but that she was not responding. Thereafter, Eryka observed both the offender and co-offender to engage in manic…