R v Samu Matagia Telemete [2015] NSWSC 909

R v Samu Matagia Telemete [2015] NSWSC 909

The Court accepted Dr Hilton's evidence that Mr Neville most likely died from positional asphyxia while unconscious or semi-conscious, with that compromised consciousness caused by violence inflicted by Mr Telemete or Mr Autagavaia. The Court was not satisfied beyond reasonable doubt that Mr Telemete inflicted most of the serious injuries or used lattice to strike Mr Neville, and found it probable that Mr Autagavaia inflicted the repeated forceful kicks to the upper body. However, the jury's verdict and the Court's findings established that Mr Telemete was present, aware of, and complicit in the continued forceful assaults on Mr Neville when he was helpless, in circumstances where an...

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Sentence / Sentencing After Jury Acquittal of Murder and Conviction of Manslaughter
Outcome
Samu Matagia Telemete was sentenced to an overall term of 7 years and 6 months imprisonment, with a non-parole period of 4 years and 6 months and a balance of term of 3 years.
Legal Topics
['sentencing' 'manslaughter' 'unlawful and Dangerous Act' 'joint Criminal Enterprise' 'victim Impact Statement' 'non Parole Period' 'special Circumstances' 'parity With Co Offender']
['criminal Law'] ['sentencing' 'manslaughter' 'unlawful and Dangerous Act' 'joint Criminal Enterprise' 'victim Impact Statement' 'non Parole Period' 'special Circumstances' 'parity With Co Offender']

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Procedural Posture

Sentence / Sentencing After Jury Acquittal of Murder and Conviction of Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter by unlawful and dangerous act.' "Whether the significant blows to Mr Neville's head and neck were inflicted by Mr Telemete or Mr Autagavaia, and the role of joint criminal enterprise." 'Whether death was caused by multiple blunt force injuries or positional asphyxia precipitated by compromised consciousness.' 'Whether aggravating gratuitous violence involving use of timber lattice was proved beyond reasonable doubt.' "What discount should be allowed for Mr Telemete's indicated willingness to plead guilty to manslaughter which was rejected by the Crown." 'Whether special circumstances justified a longer parole period than the statutory ratio would otherwise produce.' 'How the sentence imposed on co-offender Mr Autagavaia should affect sentence.']

Ratio Decidendi

The Court accepted Dr Hilton's evidence that Mr Neville most likely died from positional asphyxia while unconscious or semi-conscious, with that compromised consciousness caused by violence inflicted by Mr Telemete or Mr Autagavaia. The Court was not satisfied beyond reasonable doubt that Mr Telemete inflicted most of the serious injuries or used lattice to strike Mr Neville, and found it probable that Mr Autagavaia inflicted the repeated forceful kicks to the upper body. However, the jury's verdict and the Court's findings established that Mr Telemete was present, aware of, and complicit in the continued forceful assaults on Mr Neville when he was helpless, in circumstances where an...

Court Disposition

Samu Matagia Telemete was sentenced to an overall term of 7 years and 6 months imprisonment, with a non-parole period of 4 years and 6 months and a balance of term of 3 years.

Orders

  • ['The sentence is to commence on 17 January 2013.' 'The offender is sentenced to an overall term of 7 years and 6 months.' 'The non-parole period is 4 years and 6 months commencing on 17 January 2013 and expiring on 16 July 2017.' 'The balance of term is 3 years commencing on 17 July 2017 and expiring on 16 July...