R v Victor David GERARDA aka Vincent TARANTINO [2007] NSWDC 148

R v Victor David GERARDA aka Vincent TARANTINO [2007] NSWDC 148

The offences were serious and required imprisonment reflecting their objective gravity, victim impact, breach of bail and breach of an apprehended violence order. The court mitigated sentence for guilty pleas with a 20 percent discount, assistance to authorities, remorse, favourable character matters and likely harsher custody on protection, but did not find good prospects of rehabilitation and treated the Molotov cocktail offence as a separate act of criminality while avoiding double counting. Concurrent sentences were imposed for the first indictment and partial accumulation for the second indictment, producing an effective non-parole period of three years with an additional term of two...

Jurisdiction
Australia
Judgment Date
07 June 2007
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
The offender was sentenced to imprisonment with an effective non-parole period of three years and an additional term of two years, making a total sentence of five years.
Legal Topics
['maliciously Inflict Grievous Bodily Harm' 'use Offensive Instrument With Intent to Prevent Lawful Apprehension' 'possession of Prohibited Weapon' 'malicious Damage by Fire' 'forms 1' 'breach of Bail' 'breach of Apprehended Violence Order' 'assistance to Authorities' 'mental Illness' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['maliciously Inflict Grievous Bodily Harm' 'use Offensive Instrument With Intent to Prevent Lawful Apprehension' 'possession of Prohibited Weapon' 'malicious Damage by Fire' 'forms 1' 'breach of Bail' 'breach of Apprehended Violence Order' 'assistance to Authorities' 'mental Illness' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['The appropriate sentences for offences on two indictments and related Forms 1 after guilty pleas.' 'Whether the same physical action involving a Molotov cocktail required care to avoid double counting between malicious damage by fire and use of an offensive instrument to prevent lawful apprehension.' "The effect of the offender's assistance to authorities before the offences, including witness protection and likely custodial protection, on sentence." "The relevance of the offender's mental illness, remorse, guilty pleas, risk to the community, breach of bail and breach of an apprehended violence order." 'Whether sentences should be imposed concurrently, cumulatively or partly cumulatively applying totality.']

Ratio Decidendi

The offences were serious and required imprisonment reflecting their objective gravity, victim impact, breach of bail and breach of an apprehended violence order. The court mitigated sentence for guilty pleas with a 20 percent discount, assistance to authorities, remorse, favourable character matters and likely harsher custody on protection, but did not find good prospects of rehabilitation and treated the Molotov cocktail offence as a separate act of criminality while avoiding double counting. Concurrent sentences were imposed for the first indictment and partial accumulation for the second indictment, producing an effective non-parole period of three years with an additional term of two...

Court Disposition

The offender was sentenced to imprisonment with an effective non-parole period of three years and an additional term of two years, making a total sentence of five years.

Orders

  • ['For count one on the first indictment, maliciously inflicting grievous bodily harm, the offender was sentenced to imprisonment with a non-parole period of two years commencing 2 September 2006 and a balance of term of one year.' 'For count one on the second indictment, malicious damage by fire, the offender was...