R v Turuta [2007] NSWSC 1505

R v Turuta [2007] NSWSC 1505

The offender's manslaughter was very serious because it involved taking a human life and deliberately using a knife after arming himself, although the jury's verdict required sentencing on the basis of excessive self defence. The court balanced punishment, retribution and deterrence against the absence of planning, the offender's lack of prior convictions, good character, low risk of reoffending, intoxication affecting judgment, and the extraordinary hardship to his former partner and young children. That family hardship justified only a relatively minor adjustment by way of special circumstances affecting the non-parole ratio. The assault on Mata Puia warranted conviction but not a...

Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Criminal Sentencing for Manslaughter and Related Assault / Reasons for Sentence After Jury Verdict and Conviction on Related Assault
Outcome
Offender convicted and sentenced for assault and sentenced for manslaughter; no cumulative sentence imposed for the assault.
Legal Topics
['manslaughter' 'excessive Self Defence' 'common Assault' 'aggravating and Mitigating Factors' "hardship to Offender's Family" 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'common Assault' 'aggravating and Mitigating Factors' "hardship to Offender's Family" 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Manslaughter and Related Assault / Reasons for Sentence After Jury Verdict and Conviction on Related Assault

Legal Issues

  1. 1 ['What sentence should be imposed for the manslaughter of Jimmy Eli where the jury most likely proceeded on excessive self defence.' 'Whether a conviction should be entered for the related assault on Mata Puia.' 'Whether a cumulative sentence should be imposed for the assault on Mata Puia.' "Whether hardship to the offender's former partner and children justified departure from the statutory ratio between the total sentence and the non-parole period."]

Ratio Decidendi

The offender's manslaughter was very serious because it involved taking a human life and deliberately using a knife after arming himself, although the jury's verdict required sentencing on the basis of excessive self defence. The court balanced punishment, retribution and deterrence against the absence of planning, the offender's lack of prior convictions, good character, low risk of reoffending, intoxication affecting judgment, and the extraordinary hardship to his former partner and young children. That family hardship justified only a relatively minor adjustment by way of special circumstances affecting the non-parole ratio. The assault on Mata Puia warranted conviction but not a...

Court Disposition

Offender convicted and sentenced for assault and sentenced for manslaughter; no cumulative sentence imposed for the assault.

Orders

  • ['In relation to the assault of Mata Puia, Saul Turuta was sentenced to imprisonment for 3 months to commence on 6 August 2006.' 'In relation to the manslaughter of Jimmy Eli, Saul Turuta was sentenced to imprisonment with a non-parole period of 4 years 6 months commencing on 6 August 2006 and expiring on 5 February...