R v Ceniccola [2011] NSWSC 302

R v Ceniccola [2011] NSWSC 302

The Court found beyond reasonable doubt that the offender intentionally entered the deceased's property under cover of darkness with a loaded shotgun, planned to kill the deceased, and shot him with the intention of killing him. The murder was premeditated and at the mid range of objective seriousness, but a shorter non-parole period than the 20 year standard non-parole period was warranted because the offender was 72, had no relevant prior criminal record, was of prior good character, was unlikely to reoffend, and faced first imprisonment with a prospect of dying in custody. A non-parole period of 16 years with a balance of term of 6 years was imposed, with no further adjustment to the...

Jurisdiction
Australia
Judgment Date
15 April 2011
Procedural Posture
Criminal Sentencing for Murder and Consideration of Related and Back Up Offences / Remarks on Sentence After Jury Verdict of Guilty
Outcome
Offender sentenced for murder to imprisonment with a non-parole period of 16 years and a balance of term of 6 years; back up charges dismissed; related offences not dealt with.
Legal Topics
['murder' 'objective Seriousness' 'standard Non Parole Period' 'premeditation' 'intention to Kill' 'aggravating and Mitigating Factors' 'firearms Offences' 'back Up and Related Offences']
['criminal Law' 'sentencing'] ['murder' 'objective Seriousness' 'standard Non Parole Period' 'premeditation' 'intention to Kill' 'aggravating and Mitigating Factors' 'firearms Offences' 'back Up and Related Offences']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder and Consideration of Related and Back Up Offences / Remarks on Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['Whether the murder fell above, at, or below the mid range of objective seriousness.' "Whether the offender went to the deceased's property with a premeditated intention to kill or whether the shooting was spontaneous, accidental, or accompanied by a lesser state of mind." 'Whether there were reasons to depart from the 20 year standard non-parole period for murder.' 'How the Court should deal with related firearms offences and back up offences.']

Ratio Decidendi

The Court found beyond reasonable doubt that the offender intentionally entered the deceased's property under cover of darkness with a loaded shotgun, planned to kill the deceased, and shot him with the intention of killing him. The murder was premeditated and at the mid range of objective seriousness, but a shorter non-parole period than the 20 year standard non-parole period was warranted because the offender was 72, had no relevant prior criminal record, was of prior good character, was unlikely to reoffend, and faced first imprisonment with a prospect of dying in custody. A non-parole period of 16 years with a balance of term of 6 years was imposed, with no further adjustment to the...

Court Disposition

Offender sentenced for murder to imprisonment with a non-parole period of 16 years and a balance of term of 6 years; back up charges dismissed; related offences not dealt with.

Orders

  • ['For the murder of Colin Hatton, Alfonso Ceniccola is sentenced to a non-parole period of 16 years commencing on 20 April 2009 and expiring on 19 April 2025.' 'A balance of term of 6 years is imposed, commencing on 20 April 2025 and expiring on 19 April 2031.' 'The first day on which the offender will be eligible...