R v Chatimba (No 2) [2021] NSWSC 863

R v Chatimba (No 2) [2021] NSWSC 863

The offender was sentenced for murder after stabbing Mr Apikotoa outside 7 Dutch Place, St Clair. The jury had rejected self-defence and excessive self-defence. The court found the offender did not intend to kill but intended to inflict really serious bodily harm. Provocation was not established as a mitigating factor. Objective seriousness was somewhat below the middle of the range. The offender's good character, limited criminal record, prospects of rehabilitation and genuine remorse were given weight, but no special circumstances were found. Sentencing purposes and statutory guideposts were applied, resulting in a total term of 21 years imprisonment.

Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Convicted, sentenced to imprisonment
Legal Topics
['murder' 'sentencing' 'self Defence' 'excessive Self Defence' 'objective Seriousness' 'provocation' 'prior Good Character' 'remorse' 'rehabilitation' 'conditional Liberty']
['criminal Law'] ['murder' 'sentencing' 'self Defence' 'excessive Self Defence' 'objective Seriousness' 'provocation' 'prior Good Character' 'remorse' 'rehabilitation' 'conditional Liberty']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Assessment of objective seriousness of murder' 'Rejection of self-defence and excessive self-defence' 'Whether provocation was established as a mitigating factor' "Determination of offender's intent" 'Consideration of aggravating and mitigating circumstances' "Offender's personal and psychological background" 'Application of sentencing purposes under statutory guideposts']

Ratio Decidendi

The offender was sentenced for murder after stabbing Mr Apikotoa outside 7 Dutch Place, St Clair. The jury had rejected self-defence and excessive self-defence. The court found the offender did not intend to kill but intended to inflict really serious bodily harm. Provocation was not established as a mitigating factor. Objective seriousness was somewhat below the middle of the range. The offender's good character, limited criminal record, prospects of rehabilitation and genuine remorse were given weight, but no special circumstances were found. Sentencing purposes and statutory guideposts were applied, resulting in a total term of 21 years imprisonment.

Court Disposition

Convicted, sentenced to imprisonment

Orders

  • ['Sentenced to a term of imprisonment comprising a non-parole period of 15 years and 9 months commencing 11 August 2018 and expiring 10 May 2034, and a balance of term of 5 years and 3 months expiring 10 August 2039.' 'Convicted of assault occasioning actual bodily harm, but no further penalty imposed under s 10A...