District Court
New South Wales
Medium Neutral Citation: R v Tuaoi [2018] NSWDC 498 Hearing dates: 6 August 2018, 26 September 2018 Date of orders: 05 December 2018 Decision date: 05 December 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [77]
Catchwords: CRIMINAL LAW – sentence – robbery in company – Form 1 – joint criminal enterprise Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: Barbaro v R; Zirilli v R (2014) 253 CLR 58
R v Kwon [2004] NSWCCA 456
R v McNaughton (2006) 66 NSWLR 566
R v Pham [2005] NSWCCA 94
The Queen v Pham (2015) 256 CLR 550
Veen v The Queen (No 2) (1988) 164 CLR 465Category: Sentence Parties: Regina (Crown)
Tanielu Tuaoi (Offender)Representation: Counsel:
Solicitors:
Mr M Paish (Crown)
Mr R Rajalingam (Offender)
ODPP (Crown)
Ly Lawyers (Offender)
File Number(s): 2016/326832 Publication restriction: None
Remarks on Sentence
Introduction
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The Offender appears before the Court today for sentencing after pleading guilty to the charge on the Crown Sentence Summary (Exhibit A). The charge is robbery in company in contravention of s97(1) of the Crimes Act. The maximum applicable penalty is 20 years imprisonment and there is no standard non-parole period.
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The charge is that on 17 October 2016 at Lalor Park and other places in the State of New South Wales, whilst in the company of Reshma Shariff, the Offender robbed Douglas Stanley of certain property, namely a mobile phone and cash, being the property of Douglas Stanley.
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The legislative guideposts provide an indicator as to the seriousness of the offending. In exercising its discretion, the Court must always arrive at an outcome that is just in all the circumstances. As mentioned, the maximum penalty in respect of this offence is very high, that is 20 years, indicating that the community and Parliament regard the offending as serious. As mentioned, there is no standard non‑parole period.
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The Offender has requested that, in sentencing on the principal charge, the Court take into account a further offence with which the Offender has been charged but not convicted. The Offender has admitted his guilt in relation to that additional charge. The charge on the Form 1 is taken into account with a view to increasing the penalty that would otherwise be appropriate for the principal offence to which the Form 1 attaches. The Court does so by giving greater weight to elements which are always material in the sentencing process. The first is the need for personal deterrence; the second is the community entitlement to extract retribution for serious offences.
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The charge on the Form 1, which is sequence 3, is a detain with intent to obtain a financial advantage in company, in breach of s86(2)(a) of the Crimes Act. The maximum penalty for that offence is also 20 years imprisonment. I note the copy of the Form 1 on the court file while signed by the parties appears not to have been signed by the Court and, accordingly, I…
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- AGLC
- R v Tuaoi [2018] NSWDC 498
- Case
- [2018] NSWDC 498
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the evidence was sufficient to support the primary judge's conclusion that Tuaoi was part of the joint criminal enterprise. The court held that the evidence demonstrated that Tuaoi was present at the scene of the robbery, knew that a robbery was to occur, and took steps to facilitate the commission of the robbery. The court rejected the appellant's argument that he was merely a lookout and did not actively participate in the robbery. The court also found that the sentence imposed by the primary judge was appropriate, taking into account the seriousness of the offence and the appellant's criminal history.
In conclusion, the Court of Appeal dismissed the appeal and upheld the conviction and sentence imposed by the primary judge. The court found that the evidence was sufficient to support the primary judge's conclusion that Tuaoi was part of the joint criminal enterprise and that the sentence imposed was appropriate. The appeal was dismissed, and the conviction and sentence remained in place.
Orders
Orders of the court
At [77]
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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