R v Latu (No 3) [2019] NSWSC 951

R v Latu (No 3) [2019] NSWSC 951

The offender's murder of Rhonda Baker constituted a very serious example of domestic violence-related homicide with extreme brutality and repeated pattern of physical abuse. While intention to kill was not established beyond reasonable doubt, intention to cause very serious harm was found, and only slightly affects sentence. Mitigating arguments based on intoxication, lack of premeditation, or remorse were rejected. The presence of aggravating factors, including breach of an ADVO, warranted a severe sentence. The total sentence imposed was proportionate to the objective seriousness and the purposes of sentencing, including deterrence, protection, and denunciation.

Parties
Crown: Regina; Offender: Onitolosi Etuini Latu
Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment for murder and breach of ADVO.
Legal Topics
Murder, Domestic Violence, Breach of ADVO, Sentencing
Criminal Law Murder Domestic Violence Breach of ADVO Sentencing

Case Brief

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Parties

Regina

Crown

Onitolosi Etuini Latu

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the murder of Rhonda Baker committed in the context of domestic violence?
  2. 2 What is the appropriate sentence for breach of an Apprehended Domestic Violence Order (ADVO)?
  3. 3 Was there an intention to kill or to cause really serious harm?

Ratio Decidendi

The offender's murder of Rhonda Baker constituted a very serious example of domestic violence-related homicide with extreme brutality and repeated pattern of physical abuse. While intention to kill was not established beyond reasonable doubt, intention to cause very serious harm was found, and only slightly affects sentence. Mitigating arguments based on intoxication, lack of premeditation, or remorse were rejected. The presence of aggravating factors, including breach of an ADVO, warranted a severe sentence. The total sentence imposed was proportionate to the objective seriousness and the purposes of sentencing, including deterrence, protection, and denunciation.

Court Disposition

Offender sentenced to imprisonment for murder and breach of ADVO.

Orders

  • For breach of the ADVO: 2 years imprisonment commencing 7 August 2016 and ending 6 August 2018.
  • For the murder of Rhonda Baker: term of imprisonment of 28 years, comprising a non-parole period of 21 years commencing 7 August 2016 and ending 6 August 2037, balance of 7 years ending 6 August 2044.