Vaiusu v R

Case [2017] NSWCCA 71


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Vaiusu v R [2017] NSWCCA 71
Hearing dates: 5 April 2017
Decision date: 05 April 2017
Before: Bathurst CJ at [1];
R A Hulme J at [3];
Beech-Jones J at [42]
Decision:

1. Leave to appeal against sentence granted.
2. Appeal dismissed.

Catchwords: CRIMINAL LAW – appeal against sentence - wounding with intent to do grievous bodily harm contrary to s 33(1) of the Crimes Act 1900 – whether sentence manifestly excessive – weight given to the applicant’s background as victim of domestic violence – consideration of imprisonment leaving the applicant’s daughter with no parent – matters of weight the province of the sentencing judge – where the sentencing judge referenced all the pertinent features raised by the applicant – sentence within bounds of sentencing judge’s discretion
Legislation Cited: Crimes Act 1900 (NSW) s 33(1)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 7, 44(2)
Cases Cited: Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Hanania v R [2012] NSWCCA 220
Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
Lowndes v The Queen [1999] HCA 29; 195 CLR 665
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
PK v R [2012] NSWCCA 263
R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566
Wong v The Queen [2001] HCA 64; 207 CLR 584
Yang v R [2012] NSWCCA 49
Category:Principal judgment
Parties: Faafaletimu Jane Vaiusu (Applicant)
Regina (Respondent)
Representation:

Counsel:
Mr A Barrie (Applicant)
Mr S Hughes (Crown)

  Solicitors:
George Sten & Co
Solicitor for Public Prosecutions
File Number(s): 2015/306397
 Decision under appeal 
Court or tribunal:
District Court
Date of Decision:
15 August 2016
Before:
Letherbarrow SC DCJ
File Number(s):
2015/306397

Judgment

  1. BATHURST CJ: I agree with R A Hulme J. I would only add this; first, the Court could only intervene if there was error by the sentencing judge, or the sentence was manifestly excessive. For the reasons given by R A Hulme J, there does not appear to be error in the approach taken by the sentencing judge, nor in my opinion could the sentence be said to be manifestly excessive in the sense of being unreasonable or plainly unjust.

  2. The offence is a serious one, and even taking into account the fact it was below the middle range of objective seriousness for offences of this nature, and the extremely strong subjective case mounted by the applicant, the sentence could not be said to fall within the category of unreasonable or plainly unjust. In those circumstances, regardless of the sympathy one could have for the applicant, there is no basis on which this Court could intervene.

  3. R A HULME J: Faafaletimu Jane Vaiusu (“the applicant”) seeks leave to appeal in respect of a sentence imposed upon her in the Parramatta District Court on 15 August 2016 by his Honour Judge…

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AGLC
Vaiusu v R [2017] NSWCCA 71
Case
[2017] NSWCCA 71
Decision Date

CaseChat Overview and Summary

The applicant, Vaiusu, appealed against his sentence for wounding with intent to do grievous bodily harm, which was imposed following a guilty plea to a charge under section 33(1) of the Crimes Act 1900. The dispute centred around whether the sentence imposed by the court was manifestly excessive. Vaiusu's background as a victim of domestic violence and the impact of his imprisonment on his daughter were significant considerations in the sentencing process. The applicant argued that these factors should have resulted in a more lenient sentence.

The primary legal issue before the court was whether the sentence imposed by the sentencing judge was manifestly excessive, given the considerations raised by the applicant. The court needed to determine whether the sentencing judge had appropriately balanced the relevant factors, including Vaiusu's background and the impact on his daughter, in arriving at the sentence. The court had to assess whether the sentence was within the bounds of the sentencing judge's discretion.

The court held that the sentencing judge had considered all pertinent factors raised by the applicant, including Vaiusu's background and the impact of his imprisonment on his daughter. The court noted that matters of this nature were within the province of the sentencing judge. The sentence imposed was found to be within the bounds of the sentencing judge's discretion. Consequently, the appeal against sentence was dismissed.

Orders

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Background

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Evidence

Evidence Before The Court

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