R v Toki [2001] NSWSC 1036

R v Toki [2001] NSWSC 1036

The prisoner brutally beat his de facto wife to death in the context of a history of domestic violence, causing extensive injuries with his fists and a piece of wood. Although the murder was very serious and required a determinate sentence reflecting objective seriousness, loss of life and general deterrence for domestic violence, it was not premeditated, was not in the worst category, and did not attract s 61(1). The evidence did not justify preventative detention or special circumstances, but delay, remorse, loss of control, psychiatric evidence and totality were taken into account. A sentence of 24 years imprisonment with an 18 year non-parole period was appropriate.

Jurisdiction
Australia
Judgment Date
09 November 2001
Procedural Posture
Sentence for Conviction of Murder / Sentencing After Jury Conviction
Outcome
The prisoner was sentenced for murder to 24 years imprisonment commencing 18 March 2001, with a non-parole period of 18 years expiring 17 March 2019.
Legal Topics
['murder' 'domestic Violence' 'non Parole Period' 'preventative Detention' 'remorse' 'intoxication' 'mental Disorder']
['criminal Law' 'sentencing'] ['murder' 'domestic Violence' 'non Parole Period' 'preventative Detention' 'remorse' 'intoxication' 'mental Disorder']

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

Sentence for Conviction of Murder / Sentencing After Jury Conviction

Legal Issues

  1. 1 ["What sentence should be imposed for the prisoner's conviction for murder." 'Whether the offence was within the worst category of murder or attracted the operation of s 61(1) of the Crimes (Sentencing Procedure) Act 1999.' "Whether the sentence should include an element of preventative detention because of the prisoner's history of violence and possible future dangerousness." 'Whether special circumstances justified a non-parole period less than three quarters of the total sentence.' 'What effect should be given to delay, remorse, loss of control, intoxication, psychiatric evidence, prior violence and totality.']

Ratio Decidendi

The prisoner brutally beat his de facto wife to death in the context of a history of domestic violence, causing extensive injuries with his fists and a piece of wood. Although the murder was very serious and required a determinate sentence reflecting objective seriousness, loss of life and general deterrence for domestic violence, it was not premeditated, was not in the worst category, and did not attract s 61(1). The evidence did not justify preventative detention or special circumstances, but delay, remorse, loss of control, psychiatric evidence and totality were taken into account. A sentence of 24 years imprisonment with an 18 year non-parole period was appropriate.

Court Disposition

The prisoner was sentenced for murder to 24 years imprisonment commencing 18 March 2001, with a non-parole period of 18 years expiring 17 March 2019.

Orders

  • ['On the offence of murder the prisoner is sentenced to 24 years imprisonment from 18 March 2001.' 'There is to be a non-parole period of 18 years to date from 18 March 2001 and to expire on 17 March 2019, the date upon which the prisoner is eligible for release to parole.']