R v Suliasi Taumalolo; R v Mateaki Taumalolo; R v Mayol; R v ST; R v ET

The defendants were each involved in an affray at a 16th birthday party which resulted in the death of the deceased. The first defendant pleaded guilty to manslaughter and the other defendants to affray. The court was required to determine the appropriate sentences for each defendant. The court considered the moral culpability of each defendant, the significance of the group conduct, and the effect of the attack on the persons on the scene. The court also considered the special circumstances of the first defendant who pleaded guilty to manslaughter and the risks of placing young men in adult correctional facilities.

The court found that the conduct of the group was significant and that the attack had a significant effect on the persons on the scene. The court also found that the first defendant's contribution to the joint criminal enterprise was significant as he kicked and stomped on the deceased a number of times whilst the deceased was lying on the ground. The court noted that the offence was serious and that the defendants were youthful offenders who were frequently engaged in this type of conduct fuelled up on drugs or alcohol or both. The court considered the discounts for the plea of guilty and the special circumstances of the first defendant. The court found that the special circumstances justified the first defendant serving the remainder of his sentence as a juvenile offender.

The court sentenced the first defendant to a term of imprisonment with a non-parole period of six years. The court sentenced the other defendants to terms of imprisonment with non-parole periods of four years, three years, and two years and six months respectively. The court ordered that the first defendant serve the remainder of his sentence as a juvenile offender. The court also ordered that the other defendants serve their sentences in an adult correctional facility. The court made orders for the confiscation of property and the payment of fines.