R v Matara

In the case of R v Matara, the defendant, Billy Matara, was sentenced for the attempted murder of Hemi Hingaia. Matara had been found guilty of the charge earlier in the year, with the maximum penalty being 14 years' imprisonment. The incident occurred in May 2016, when Matara, living in the same boarding house as Hingaia, invited Hingaia outside for a smoke, armed with a pump-action shotgun. Matara shot Hingaia twice in the torso, leaving him severely injured and with ongoing health and emotional consequences. The legal issues in this case involved determining the appropriate starting point for Matara's sentence, taking into account factors such as premeditation, the unprovoked nature of the attack, the use of a deadly weapon, and the extreme level of violence. Additionally, the court needed to consider Matara's personal factors, including his extensive criminal history and mental health issues.

The court considered the Crown's argument for a starting point of 11 years, while Matara's counsel argued for a starting point of ten years. The court found that while there was some premeditation, it was not specifically directed towards Hingaia, and Matara's mental state at the time should be taken into account. The court also considered the unprovoked nature of the attack, the use of a deadly weapon, and the extreme level of violence, determining that the appropriate starting point was ten years. The court imposed a two-month uplift for Matara's previous aggravated robbery conviction, resulting in a total sentence of ten years and two months without parole or early release.

In summary, the court found Matara guilty of attempted murder and sentenced him to ten years and two months in prison, without the possibility of parole or early release. The court acknowledged the difficult circumstances of Matara's life, but emphasized the seriousness of the offence and the need to protect the community.