R v Tongia Halisi Heaki [2021] NSWDC 297

R v Tongia Halisi Heaki [2021] NSWDC 297

The seriousness of the unprovoked, protracted violent attack with weapons on a defenceless victim in a public place, evidenced substantial harm and involving aggravating features, demanded a custodial sentence. While subjective mitigating features existed, they did not outweigh the need for general and specific deterrence and the objective gravity of the conduct. Intoxication could not reduce moral culpability.

Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed for both offences. Orders made for sentence duration and concurrence as set out.
Legal Topics
['reckless Grievous Bodily Harm' 'damage to Property' 'sentencing' 'aggravated Offences' 'drug Induced Psychosis' 'objective/subjective Seriousness' 'remorse' 'general and Specific Deterrence']
['criminal Law'] ['reckless Grievous Bodily Harm' 'damage to Property' 'sentencing' 'aggravated Offences' 'drug Induced Psychosis' 'objective/subjective Seriousness' 'remorse' 'general and Specific Deterrence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for reckless grievous bodily harm in company under s 35(1) Crimes Act 1900' 'Assessment of objective and subjective seriousness' 'Consideration of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act 1999' 'Whether full-time custodial sentence appropriate' 'Role of drug-induced psychosis in mitigation' 'Assessment of prospects of rehabilitation']

Ratio Decidendi

The seriousness of the unprovoked, protracted violent attack with weapons on a defenceless victim in a public place, evidenced substantial harm and involving aggravating features, demanded a custodial sentence. While subjective mitigating features existed, they did not outweigh the need for general and specific deterrence and the objective gravity of the conduct. Intoxication could not reduce moral culpability.

Court Disposition

Full-time custodial sentence imposed for both offences. Orders made for sentence duration and concurrence as set out.

Orders

  • ['Conviction for reckless grievous bodily harm in company under s 35(1) Crimes Act 1900.' 'Non-parole period: 2 years 6 months from 26 April 2020 to 25 October 2022.' 'Balance of term: 2 years from 26 October 2022 to 25 October 2024.' 'Conviction for destroy/damage property (Apple Watch) under s 195(1) Crimes Act...