R v Villaluna [2017] NSWSC 1390

R v Villaluna [2017] NSWSC 1390

The offender was sentenced to significant terms of imprisonment for both murder and wounding with intent to cause grievous bodily harm due to premeditated, savage, and highly serious attacks arising from extreme domestic violence, aggravated by lack of remorse and history of abuse, with sentences structured to reflect the totality of criminality and a partial concurrency applied in light of totality principles.

Parties
Crown: Regina; Accused: Alexander Villaluna
Jurisdiction
Australia
Judgment Date
12 October 2017
Procedural Posture
Criminal / Sentencing After Plea of Guilty
Outcome
convicted and sentenced
Legal Topics
Murder, Wounding With Intent to Cause Grievous Bodily Harm, Sentencing, Domestic Violence
Criminal Law Murder Wounding With Intent to Cause Grievous Bodily Harm Sentencing Domestic Violence

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Parties

Regina

Crown

Alexander Villaluna

Accused

Procedural Posture

Criminal / Sentencing After Plea of Guilty

Legal Issues

  1. 1 Appropriate sentence for murder committed in the context of domestic violence
  2. 2 Appropriate sentence for wounding with intent to cause grievous bodily harm
  3. 3 Consideration of premeditation and planning in sentencing for murder and wounding

Ratio Decidendi

The offender was sentenced to significant terms of imprisonment for both murder and wounding with intent to cause grievous bodily harm due to premeditated, savage, and highly serious attacks arising from extreme domestic violence, aggravated by lack of remorse and history of abuse, with sentences structured to reflect the totality of criminality and a partial concurrency applied in light of totality principles.

Court Disposition

convicted and sentenced

Orders

  • For the offence of wounding with intent to cause grievous bodily harm upon Jovi Pilapil, the offender is sentenced to 12 years' imprisonment with a non-parole period of 9 years commencing 30 March 2016; an additional term of 3 years from 30 March 2025 to 29 March 2028.
  • For the murder of Keith Collins, the offender is sentenced to 34 years' imprisonment with a non-parole period of 24 years commencing 30 March 2022; an additional term of 10 years from 30 March 2046 to 29 March 2056.