Regina v Mark Anthony Esposito [2006] NSWSC 1454

Regina v Mark Anthony Esposito [2006] NSWSC 1454

The offender participated in a joint criminal enterprise to assault the deceased, being aware of the assailant's expertise and intention to do harm, but did not physically participate in the assault. A head sentence of eight years, discounted by 15% for limited assistance to authorities and other subjective factors, is appropriate, resulting in a term of six years and ten months with a non-parole period of four years.

Parties
Crown: Regina; Accused: Mark Anthony Esposito
Jurisdiction
Australia
Judgment Date
20 December 2006
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced.
Legal Topics
Manslaughter, Sentencing, Joint Criminal Enterprise, Assault
Criminal Law Manslaughter Sentencing Joint Criminal Enterprise Assault

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Parties

Regina

Crown

Mark Anthony Esposito

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for Mark Anthony Esposito, having been found guilty of manslaughter by participation in a joint criminal enterprise to assault, where there is no evidence of direct participation in the assault?

Ratio Decidendi

The offender participated in a joint criminal enterprise to assault the deceased, being aware of the assailant's expertise and intention to do harm, but did not physically participate in the assault. A head sentence of eight years, discounted by 15% for limited assistance to authorities and other subjective factors, is appropriate, resulting in a term of six years and ten months with a non-parole period of four years.

Court Disposition

Convicted and sentenced.

Orders

  • The offender is convicted.
  • Sentence of six years and ten months imprisonment commencing 3 September 2004 and expiring 2 July 2011.