R v TALIMALIE; R v LEAVAI; R v JL [2020] NSWDC 229

R v TALIMALIE; R v LEAVAI; R v JL [2020] NSWDC 229

All three offenders participated in a joint criminal enterprise involving a sustained, unprovoked violent assault on Timothy Norman (grievous bodily harm with intent), and on Coedie Freeman (actual bodily harm in company). The court found beyond reasonable doubt that all three actively kicked Mr Norman while on the ground, and self-defence/provocation was not made out. JL, though a juvenile, acted as an adult in a group attack involving serious violence and is to be sentenced as an adult. The objective gravity of the offending is slightly below mid-range for s 33(1)(b) but requires full-time custodial sentences for all three offenders.

Parties
Prosecutor: Director of Public Prosecutions; Accused: Raymond Talimalie; Accused: Anzac Leavai; Accused: JL
Jurisdiction
Australia
Judgment Date
25 May 2020
Procedural Posture
Criminal / Sentencing After Guilty Verdicts by Jury
Outcome
All three offenders convicted and sentenced to full-time imprisonment by aggregate sentences. JL sentenced as adult.
Legal Topics
Sentencing, Grievous Bodily Harm, Assault Occasioning Actual Bodily Harm, Affray, Juvenile Offenders, Self Defence, Provocation
Criminal Law Sentencing Grievous Bodily Harm Assault Occasioning Actual Bodily Harm Affray Juvenile Offenders Self Defence Provocation

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Parties

Director of Public Prosecutions

Prosecutor

Raymond Talimalie

Accused

Anzac Leavai

Accused

JL

Accused

Procedural Posture

Criminal / Sentencing After Guilty Verdicts by Jury

Legal Issues

  1. 1 Determining appropriate sentence for joint offenders convicted of grievous bodily harm with intent, assault occasioning actual bodily harm in company, and affray; Whether JL (a juvenile at time of offending) should be sentenced as a juvenile or adult; Whether self-defence or provocation mitigates culpability; Assessment of the objective seriousness of offending; Consideration of general deterrence, rehabilitation, and subjective factors, including youth and prior history

Ratio Decidendi

All three offenders participated in a joint criminal enterprise involving a sustained, unprovoked violent assault on Timothy Norman (grievous bodily harm with intent), and on Coedie Freeman (actual bodily harm in company). The court found beyond reasonable doubt that all three actively kicked Mr Norman while on the ground, and self-defence/provocation was not made out. JL, though a juvenile, acted as an adult in a group attack involving serious violence and is to be sentenced as an adult. The objective gravity of the offending is slightly below mid-range for s 33(1)(b) but requires full-time custodial sentences for all three offenders.

Court Disposition

All three offenders convicted and sentenced to full-time imprisonment by aggregate sentences. JL sentenced as adult.

Orders

  • Talimalie: aggregate sentence of 7 years 6 months (5 years 3 months non-parole);
  • Leavai: aggregate sentence of 6 years 6 months (4 years 4 months non-parole);