Rv Dejong; R v Tuimauluga; R v Puru; R v Zechel [2013] NSWDC 29

Rv Dejong; R v Tuimauluga; R v Puru; R v Zechel [2013] NSWDC 29

The offending was a terrifying and violent home invasion approaching the worst category of this type, committed with a rifle, knife and taser in the presence of adults and young children. Although actual injury was limited and individual mitigating factors differed, the objective gravity required long terms of imprisonment, adjusted for guilty pleas, remorse where found, criminal histories, Form 1 matters and special circumstances.

Jurisdiction
Australia
Judgment Date
29 January 2013
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Each offender was sentenced to imprisonment, with special circumstances found in each case.
Legal Topics
['home Invasion' 'specially Aggravated Break, Enter and Steal' 'break, Enter and Steal' 'form 1' 'offence Committed in the Presence of Children' 'guilty Plea Discount' 'standard Non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['home Invasion' 'specially Aggravated Break, Enter and Steal' 'break, Enter and Steal' 'form 1' 'offence Committed in the Presence of Children' 'guilty Plea Discount' 'standard Non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for the offenders' involvement in a serious home invasion involving weapons, threats and children present." "What effect should be given to the offenders' guilty pleas, remorse, criminal histories, drug use and personal circumstances." 'What sentence should be imposed on Mr Puru for the additional break, enter and steal offence and the Form 1 matter.' 'Whether special circumstances should be found in each case.']

Ratio Decidendi

The offending was a terrifying and violent home invasion approaching the worst category of this type, committed with a rifle, knife and taser in the presence of adults and young children. Although actual injury was limited and individual mitigating factors differed, the objective gravity required long terms of imprisonment, adjusted for guilty pleas, remorse where found, criminal histories, Form 1 matters and special circumstances.

Court Disposition

Each offender was sentenced to imprisonment, with special circumstances found in each case.

Orders

  • ['Billy Tuimauluga: non-parole period of eight and a half years and a period of eligibility for parole of four years, to date from 21 November 2011.' 'William John Zechel: non-parole period of eight years with an eligibility period of parole of four years, to date from 10 November 2012.' 'Tahi Paul Puru: for the...