R v Sateki Siale [2017] NSWSC 1298

R v Sateki Siale [2017] NSWSC 1298

The offender, while heavily intoxicated, deliberately created and used a broken beer bottle as a weapon and twice slashed an innocent neighbour, intending to cause grievous bodily harm and causing almost immediate death. The offence fell within the middle range of objective seriousness for murder. Taking into account the use of the weapon as part of the circumstances, the offender's prior serious personal violence convictions, the absence of planning, remorse, good prospects of rehabilitation, facilitation of justice, and the need for punishment, denunciation, general and specific deterrence, protection of the community, and a longer than usual period of supervision, the appropriate...

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty
Outcome
The offender was sentenced to imprisonment for murder.
Legal Topics
['murder' 'objective Seriousness' 'intoxication' 'aggravating and Mitigating Factors' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'objective Seriousness' 'intoxication' 'aggravating and Mitigating Factors' 'non Parole Period' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Kelly Ventigadoo.' 'Whether the offender intended to kill or intended to cause grievous bodily harm.' "How the offender's heavy intoxication affected moral culpability and objective seriousness." 'Whether aggravating factors, including actual use of a weapon and prior convictions, applied.' 'Whether mitigating factors, including absence of planning, prospects of rehabilitation, remorse, and facilitation of justice, applied.' 'Whether special circumstances justified a longer than usual period of supervision on parole.']

Ratio Decidendi

The offender, while heavily intoxicated, deliberately created and used a broken beer bottle as a weapon and twice slashed an innocent neighbour, intending to cause grievous bodily harm and causing almost immediate death. The offence fell within the middle range of objective seriousness for murder. Taking into account the use of the weapon as part of the circumstances, the offender's prior serious personal violence convictions, the absence of planning, remorse, good prospects of rehabilitation, facilitation of justice, and the need for punishment, denunciation, general and specific deterrence, protection of the community, and a longer than usual period of supervision, the appropriate...

Court Disposition

The offender was sentenced to imprisonment for murder.

Orders

  • ['For the offence of the murder of Kelly Ventigadoo, Sateki Siale was sentenced to a term of imprisonment comprising a non-parole period of 17 years to commence on 11 October 2015, with a balance of term of 7 years.' 'Sateki Siale will not be eligible for release before 10 October 2032.']