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District Court 8 July 2020

R v Matavesi

[2020] NSWDC 539

Assault & violenceTheft & propertyDomestic & family violence
CRIME AGGRAVATED DETENTION WITH INTENT DAMAGE PROPERTY. SENTENCING RELEVANT FACTORS ON SENTENCING VICTIM IMPACT EARLY GUILTY PLEA

Citation: R v Matavesi [2020] NSWDC 539
Court: District Court of New South Wales
Date: 8 July 2020
Judge: Haesler SC DCJ

Background

The offender pleaded guilty to four serious offences committed against a friend and neighbour over an approximately three-hour period on the evening of 24 October 2019 and into the early hours of 25 October 2019. Both women lived in the same unit complex in Woonona. The incident began after the victim visited the offender's unit, finding her apparently unconscious, and was then followed back to her own home by the offender.

Once inside the victim's unit, the offender locked the screen door, began making unfounded accusations, and subjected the victim to a prolonged and escalating attack. The violence included punching, hair-pulling, wrapping tape around the victim's throat, striking her with a hammer, and using lamp cords to choke her. The victim lost consciousness on multiple occasions. Throughout the attack, the offender demanded the victim transfer $50,000 into her account, threatened to kill her, and used a kitchen knife as an offensive weapon. The victim was effectively detained in her own home for the duration.

The offender was arrested the following day. She had been subject to an Intensive Corrections Order (ICO) at the time of the offences, arising from an earlier sentence. She had remained in custody since her arrest.

  • What was the appropriate sentence for each of the four offences, having regard to their objective seriousness?
  • What weight should be given to the early guilty pleas entered in the Local Court?
  • How should the offender's personal circumstances, including her history as a victim of domestic violence, long-standing psychological and substance-use issues, and intoxication at the time, affect the sentence?
  • How should the fact that the offences were committed while the offender was subject to an Intensive Corrections Order affect the sentence?
  • Were there special circumstances justifying adjustment of the standard non-parole period ratio?

Decision

His Honour found all four offences to be objectively serious. The choking counts were particularly grave, given that multiple methods were used (tape and lamp cords) and the victim lost consciousness more than once. The aggravated detention offence was aggravated by the duration of the attack, the use of a hammer, the threats to kill, and the demands for money. The knife offence was serious because the victim, already in extreme fear, could not have known whether the weapon would be used on her. The property damage, while distinct from the violence, was treated as gratuitous, with the court noting that loss of sentimental items can cause ongoing distress beyond any monetary value.

The victim impact statement was read in court and accepted. His Honour noted the ongoing physical and psychological harm to the victim, her displacement from her home, disrupted sleep and appetite, and her reluctance to engage with mental health services due to the fear and distrust generated by the offending. The court acknowledged the victim's own words: that the offender had "not only broke my possessions, she also broke me."

The offender's personal background, including her history as a victim of domestic violence, significant trauma, longstanding mental health and substance-use issues, and her state of intoxication at the time of the offences, were treated as mitigating factors in accordance with the principles in Bugmy v The Queen. However, the court emphasised that mitigation cannot produce a sentence disproportionate to the gravity of the offending, applying the approach in Munda v Western Australia. The commission of the offences while subject to an ICO was an aggravating factor, and the commencement date of the sentence was adjusted accordingly.

His Honour applied a 25% reduction to each indicated sentence to reflect the utilitarian value of the early guilty pleas entered in the Local Court under s 22D of the Crimes (Sentencing Procedure) Act 1999. The plea was also treated as an expression of practical remorse. Applying the totality principle, the court imposed an aggregate sentence rather than allowing the individual sentences to accumulate to a crushing total. Special circumstances were found to exist, resulting in an adjusted non-parole period.

Orders Made

  • Choke with intent to commit a serious indictable offence occasioning actual bodily harm (s 37(2) Crimes Act 1900): 3 years and 9 months imprisonment
  • Aggravated detention with intent (s 86(2)(b) Crimes Act 1900): 3 years and 4 months imprisonment
  • Use an offensive weapon (knife) with intent to commit an indictable offence (s 33B(1)(a) Crimes Act 1900): 1 year and 10 months imprisonment
  • Intentionally damage property (s 195(1)(a) Crimes Act 1900): 9 months imprisonment
  • Aggregate sentence: 5 years and 3 months imprisonment
  • Non-parole period: 3 years, commencing 25 November 2019, with eligibility for parole from 24 November 2022
  • Parole period: 2 years and 3 months, expiring 24 February 2025
  • Backup offences withdrawn

All indicated sentences reflected a 25% reduction for the utilitarian value of the early guilty pleas.

Key Takeaways

  • The District Court confirmed that maximum penalties for offences such as choking (25 years) and aggravated detention (20 years) serve as a guide to the sentencing discretion, reflecting parliamentary assessments of seriousness, without compelling any fixed outcome.
  • An early guilty plea entered in the Local Court attracted a 25% reduction under s 22D of the Crimes (Sentencing Procedure) Act 1999, and was treated both as having utilitarian value and as evidence of practical remorse.
  • Under the principles in Bugmy v The Queen, an offender's background of trauma and deprivation can reduce moral culpability, but, as Munda v Western Australia confirms, such mitigation cannot justify a sentence disproportionate to the objective gravity of the offending, particularly where the victim was vulnerable and the violence sustained.
  • Committing serious offences while subject to an Intensive Corrections Order was treated as an aggravating factor, affecting both the weight of the sentence and its commencement date.
  • Applying the totality principle, the court imposed an aggregate sentence rather than cumulating individual terms, ensuring the overall sentence remained proportionate while still reflecting each offence's seriousness.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), ss 37(2), 86(2)(b), 33B(1)(a), 195(1)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 22D

Cases
- Bugmy v The Queen (2013) 249 CLR 571
- Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
- DPP v De La Rosa [2010] NSWCCA 155
- R v Simpson [2001] NSWCCA 534; 53 NSWLR 704