R v Delinicolis & Dellosa [2021] NSWDC 684

R v Delinicolis & Dellosa [2021] NSWDC 684

Delinicolis and Dellosa, as police officers, committed the common law offence of misconduct in public office by misusing their positions to initiate and pursue consensual sexual relationships while on duty, constituting a serious breach of community trust. Based on their respective roles, the objective gravity of Delinicolis’s offending warranted a custodial sentence to be served by Intensive Corrections Order, while Dellosa’s lower culpability justified a Community Corrections Order. The extraordinary conditions experienced in custody and other mitigating circumstances were taken into account.

Parties
Prosecutor: The Crown; Offender: James Delinicolis; Offender: Angelo Franco Dellosa
Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Criminal / Sentencing
Outcome
Delinicolis: Convicted and sentenced to imprisonment for a period of 2 years, to be served by Intensive Corrections Order with 400 hours community service. Dellosa: Convicted and sentenced to Community Corrections Order with 300 hours community service.
Legal Topics
Misconduct in Public Office, Sentence, Breach of Trust, Police Misconduct, Community Service, Intensive Corrections Order, Parity
Criminal Law Misconduct in Public Office Sentence Breach of Trust Police Misconduct Community Service Intensive Corrections Order Parity

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Parties

The Crown

Prosecutor

James Delinicolis

Offender

Angelo Franco Dellosa

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for common law offence of misconduct in public office
  2. 2 Whether breach of trust is an aggravating factor for this offence
  3. 3 Relative criminality of co-offenders and necessity for parity in sentencing

Ratio Decidendi

Delinicolis and Dellosa, as police officers, committed the common law offence of misconduct in public office by misusing their positions to initiate and pursue consensual sexual relationships while on duty, constituting a serious breach of community trust. Based on their respective roles, the objective gravity of Delinicolis’s offending warranted a custodial sentence to be served by Intensive Corrections Order, while Dellosa’s lower culpability justified a Community Corrections Order. The extraordinary conditions experienced in custody and other mitigating circumstances were taken into account.

Court Disposition

Delinicolis: Convicted and sentenced to imprisonment for a period of 2 years, to be served by Intensive Corrections Order with 400 hours community service. Dellosa: Convicted and sentenced to Community Corrections Order with 300 hours community service.

Orders

  • Delinicolis: Sentenced to imprisonment for 2 years, served by Intensive Corrections Order with 400 hours community service. Offender to report to Burwood community corrections office within seven days.
  • Dellosa: Subject of Community Corrections Order for 18 months with 300 hours community service. Offender to report to Liverpool community corrections office within seven days and submit to supervision by community corrections officer.