R v Fornaciari [2024] NSWDC 198

R v Fornaciari [2024] NSWDC 198

An aggregate sentence of 4 years 6 months imprisonment with a non-parole period of 3 years 1 month is appropriate given the objective seriousness of the offences, Fornaciari’s extensive criminal history, modest subjective mitigation, and the 5% plea reduction. The sentences reflect the purposes of punishment, deterrence (particularly specific deterrence), and the prospects (albeit limited) for community protection through supervision upon release.

Parties
Offender: Troy Fornaciari; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
26 March 2024
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed
Legal Topics
Drug Offences, Supply Prohibited Drug (commercial Quantity), Reckless Wounding, Intimidation, Sentencing, Aggravating Factors, Mitigating Factors, Imprisonment, Sentencing Procedure, Subjective Considerations, Drug Addiction, Mental Health Disorder, Post Traumatic Stress Disorder, Childhood Trauma, Objective Seriousness, Deterrence, Specific Deterrence, Purposes of Sentencing, Protective Custody
Criminal Law Drug Offences Supply Prohibited Drug (commercial Quantity) Reckless Wounding Intimidation Sentencing Aggravating Factors Mitigating Factors +12 more

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Parties

Troy Fornaciari

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for commercial drug supply under Drug Misuse and Trafficking Act 1985 (NSW), s 25(2)
  2. 2 Sentencing for reckless wounding under Crimes Act 1900 (NSW), s 35(4)
  3. 3 Sentencing for intimidation intending to cause fear under Domestic and Personal Violence Act 2007 (NSW), s 13(1)

Ratio Decidendi

An aggregate sentence of 4 years 6 months imprisonment with a non-parole period of 3 years 1 month is appropriate given the objective seriousness of the offences, Fornaciari’s extensive criminal history, modest subjective mitigation, and the 5% plea reduction. The sentences reflect the purposes of punishment, deterrence (particularly specific deterrence), and the prospects (albeit limited) for community protection through supervision upon release.

Court Disposition

Aggregate sentence of imprisonment imposed

Orders

  • Aggregate sentence of 4 years 6 months imprisonment with non-parole period of 3 years 1 month
  • For drug supply: 3 years 4 months (non-parole: 2 years 4 months)