R v Tuiono [2019] NSWDC 918

R v Tuiono [2019] NSWDC 918

Given the planned nature of the armed robbery, the use of intimidation with an object perceived as a firearm, the significant financial motivation, the aggravating circumstances of offending while on conditional liberty, and the offender's prior criminal and driving history, a substantial sentence is warranted. However, special circumstances are found to warrant a reduction of the non-parole period below the statutory ratio to assist reintegration; the total effective sentence is fixed at six years and three months with a non-parole period of four years, commencing from the date of custody. Indicative sentences for each offence are specified and aggregated accordingly.

Parties
Prosecutor: Regina; Defendant: Jason Pakalani Tuiono
Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted. Aggregate sentence of imprisonment imposed.
Legal Topics
Sentencing, Robbery Armed With an Offensive Weapon, Drive Whilst Disqualified, Breaches of S 9 and S12 Bonds, Wanton or Furious Driving Causing Bodily Harm
Criminal Law Sentencing Robbery Armed With an Offensive Weapon Drive Whilst Disqualified Breaches of S 9 and S12 Bonds Wanton or Furious Driving Causing Bodily Harm

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Parties

Regina

Prosecutor

Jason Pakalani Tuiono

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for armed robbery with an offensive weapon and associated driving offences given the facts and subjective circumstances?
  2. 2 How should prior breaches of conditional liberty (s 9 and s 12 bonds) and other aggravating and mitigating factors impact the sentence?

Ratio Decidendi

Given the planned nature of the armed robbery, the use of intimidation with an object perceived as a firearm, the significant financial motivation, the aggravating circumstances of offending while on conditional liberty, and the offender's prior criminal and driving history, a substantial sentence is warranted. However, special circumstances are found to warrant a reduction of the non-parole period below the statutory ratio to assist reintegration; the total effective sentence is fixed at six years and three months with a non-parole period of four years, commencing from the date of custody. Indicative sentences for each offence are specified and aggregated accordingly.

Court Disposition

Convicted. Aggregate sentence of imprisonment imposed.

Orders

  • 2 x s12 Bonds revoked on 7/8/19.
  • Indicative sentences: 2017/001527: Count 001 – 9 months; Count 003 – 1 year; 2018/180053: Count 003 – 9 months; Count 004 – 5 years + 3 months.