R v Rousianos; R v Kalal; R v Trivedi [2011] NSWDC 1

R v Rousianos; R v Kalal; R v Trivedi [2011] NSWDC 1

The offenders' conduct was an unprovoked, swift, vicious and sustained group attack on defenceless victims, with all three acting in concert and jointly liable for the injuries. Despite their youth, guilty pleas, remorse and rehabilitation prospects, the objective seriousness of the offending required imprisonment, with substantial weight given to specific and general deterrence and denunciation. Mr Rousianos' stealing offences were also very serious because the victims had been rendered defenceless when their property was taken.

Jurisdiction
Australia
Judgment Date
04 July 2011
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
All three offenders were convicted and sentenced to imprisonment; a recommendation was made that they be classified to permit entry to the young offenders program.
Legal Topics
['assault Occasioning Actual Bodily Harm in Company' 'stealing From the Person' 'guilty Plea Discount' 'objective Seriousness' 'victim Impact Statements' 'intoxication' 'remorse and Rehabilitation' 'specific and General Deterrence' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm in Company' 'stealing From the Person' 'guilty Plea Discount' 'objective Seriousness' 'victim Impact Statements' 'intoxication' 'remorse and Rehabilitation' 'specific and General Deterrence' 'special Circumstances' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on the three offenders for two charges each of assault occasioning actual bodily harm in company.' 'What additional sentences should be imposed on Dennis James Rousianos for two charges of stealing from the person.' 'Whether the absence of planning mitigated the offending.' "How the offenders' youth, pleas of guilty, remorse, rehabilitation prospects, prior records, intoxication and bail/custody history should affect sentence." 'Whether penalties other than imprisonment were appropriate.']

Ratio Decidendi

The offenders' conduct was an unprovoked, swift, vicious and sustained group attack on defenceless victims, with all three acting in concert and jointly liable for the injuries. Despite their youth, guilty pleas, remorse and rehabilitation prospects, the objective seriousness of the offending required imprisonment, with substantial weight given to specific and general deterrence and denunciation. Mr Rousianos' stealing offences were also very serious because the victims had been rendered defenceless when their property was taken.

Court Disposition

All three offenders were convicted and sentenced to imprisonment; a recommendation was made that they be classified to permit entry to the young offenders program.

Orders

  • ['Dennis James Rousianos was convicted of all offences.' 'For each charge of assault occasioning actual bodily harm, Dennis James Rousianos was sentenced to a non-parole period of fifteen months dating back from 20 April 2011 and expiring on 19 July 2012, with additional terms of fifteen months imprisonment expiring...