Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Natuba; R v Tamapua [2012] NSWSC 1569 Hearing dates: 1 November 2012, 2 November 2012 Decision date: 13 December 2012 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Natuba
For the offence of robbery whilst armed with an offensive weapon committed at Warwick Farm on 1 July 2010, sentenced to imprisonment comprising a non-parole period of three years and nine months commencing on 2 July 2010 and expiring on 1 April 2014, with a balance of term of one year and three months commencing on 2 April 2014 and expiring on 1 July 2015.
For the offence of murder of Kesley Burgess at Lurnea on 1 July 2010, taking into account the offence on the Form 1, sentenced to imprisonment comprising a non-parole period of 10 years commencing on 2 July 2011 and expiring on 1 July 2021, with a balance of term of four years commencing on 2 July 2021 and expiring on 1 July 2025.
The earliest date on which you will be eligible for release on parole is 1 July 2021.
Tamapua
For the offence of specially aggravated break, enter and steal committed at Ashcroft on 29 June 2010, sentenced to imprisonment comprising a non-parole period of three years commencing on 26 March 2011 and expiring on 25 March 2014 with a balance of term of one year commencing on 26 March 2014 and expiring on 25 March 2015.
For the offence of possession of an unauthorised firearm, sentenced to imprisonment comprising a non-parole period of two years commencing on 26 September 2011 and expiring on 25 September 2013, with a balance of term of one year commencing on 26 September 2013 and expiring on 25 September 2014.
For the offence of possession of an offensive weapon in company with intent to commit an indictable offence, sentenced to imprisonment comprising a fixed term of imprisonment for two years commencing on 26 September 2011 and expiring on 25 September 2013.
For the murder of Kesley Burgess at Lurnea on 1 July 2010, taking into account the offences on the Form 1, sentenced to imprisonment comprising a non-parole period of 10 years, commencing on 26 September 2012 and expiring on 25 September 2022 with a balance of term of four years commencing on 26 September 2022 and expiring on 25 September 2026.
The earliest date on which you will be eligible for release on parole is 25 September 2022.
Catchwords: CRIMINAL LAW - sentence - murder - specially aggravated break, enter and steal - armed robbery - home invasions committed over three-day period - young offenders armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders - relevance of youth - importance of general deterrence and need for punishment - assistance to authorities - undertaking by Offenders to give evidence against co-accused - discount on sentence Legislation Cited: Crimes Act 1900
Firearms Act 1996
Crimes (Sentencing…
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- Case
- [2012] NSWSC 1569
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address included the appropriate sentencing principles to apply to the defendants, given the particularly heinous nature of the crimes and the aggravating factors involved. The court had to balance the need for general deterrence with the relevance of the youth of the offenders and their decision to assist the authorities. Furthermore, the court had to determine the appropriate weight to give to the defendants' undertaking to give evidence against their co-accused when considering the discount on their sentences.
In delivering its judgment, the court noted the seriousness of the crimes committed by the defendants, which involved a level of premeditation, violence, and callousness that warranted significant punishment. However, the court also recognised the relevance of the youth of the offenders and the fact that they had decided to assist the authorities by providing evidence against their co-accused. The court determined that a discount on their sentences was warranted, taking into account these factors. The court ultimately imposed sentences of imprisonment on the defendants, with the discount reflecting their age, the level of their cooperation with the authorities, and the other relevant sentencing considerations.
The court ordered that Natuba be imprisoned for a total of 17 years, with a non-parole period of 13 years, and that Tamapua be imprisoned for a total of 18 years, with a non-parole period of 14 years. The sentences reflected the serious nature of the crimes committed by the defendants, while also taking into account the mitigating factors that were present in this case.
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