R v Barbieri, Mitchell; R v Barbieri, Fiona [2014] NSWSC 1808

R v Barbieri, Mitchell; R v Barbieri, Fiona [2014] NSWSC 1808

Fiona Barbieri was sentenced on the basis that she was party to an agreement to resist police entry and arrest, foresaw the possible infliction of grievous bodily harm on police, and was guilty of serious manslaughter mitigated by substantial impairment and mental illness. Mitchell Barbieri murdered Detective Inspector Anderson with intent to kill, but a mandatory life sentence under s 19B did not apply because there was a reasonable possibility he had a significant cognitive impairment, and life imprisonment under s 61 was not warranted. The murder was above the middle range of objective seriousness, particularly because the victim was a police officer performing his duty, but Mitchell's...

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Criminal Sentencing for Murder, Manslaughter, and Using an Offensive Weapon With Intent to Hinder Lawful Apprehension / Sentence After Guilty Pleas on the Day the Jury Trial Was Due to Commence
Outcome
Both offenders were convicted and sentenced to imprisonment. Mitchell Barbieri received an overall sentence of 35 years with a non-parole period of 26 years. Fiona Barbieri received an overall sentence of 10 years with a minimum custodial component of 7 years 6 months.
Legal Topics
['murder of Police Officer' 'manslaughter' 'joint Criminal Enterprise' 'using an Offensive Weapon With Intent to Hinder Arrest' 'significant Cognitive Impairment' 'substantial Impairment by Abnormality of Mind' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'rehabilitation Prospects']
['criminal Law' 'sentencing'] ['murder of Police Officer' 'manslaughter' 'joint Criminal Enterprise' 'using an Offensive Weapon With Intent to Hinder Arrest' 'significant Cognitive Impairment' 'substantial Impairment by Abnormality of Mind' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'rehabilitation Prospects']

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Procedural Posture

Criminal Sentencing for Murder, Manslaughter, and Using an Offensive Weapon With Intent to Hinder Lawful Apprehension / Sentence After Guilty Pleas on the Day the Jury Trial Was Due to Commence

Legal Issues

  1. 1 ['Whether Fiona Barbieri should be sentenced for manslaughter on the basis that she foresaw the possibility of grievous bodily harm being intentionally inflicted on a police officer.' 'Whether Mitchell Barbieri intended to kill Detective Inspector Bryson Anderson or intended only to inflict grievous bodily harm.' 'Whether s 19B of the Crimes Act 1900 (NSW) required a mandatory sentence of life imprisonment for Mitchell Barbieri.' 'Whether life imprisonment was required under s 61 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "How the offenders' mental conditions affected moral culpability, deterrence, rehabilitation, and sentence." 'What allowance should be made for the late guilty pleas.']

Ratio Decidendi

Fiona Barbieri was sentenced on the basis that she was party to an agreement to resist police entry and arrest, foresaw the possible infliction of grievous bodily harm on police, and was guilty of serious manslaughter mitigated by substantial impairment and mental illness. Mitchell Barbieri murdered Detective Inspector Anderson with intent to kill, but a mandatory life sentence under s 19B did not apply because there was a reasonable possibility he had a significant cognitive impairment, and life imprisonment under s 61 was not warranted. The murder was above the middle range of objective seriousness, particularly because the victim was a police officer performing his duty, but Mitchell's...

Court Disposition

Both offenders were convicted and sentenced to imprisonment. Mitchell Barbieri received an overall sentence of 35 years with a non-parole period of 26 years. Fiona Barbieri received an overall sentence of 10 years with a minimum custodial component of 7 years 6 months.

Orders

  • ['Fiona Barbieri convicted.' 'For using an offensive weapon with intent to hinder the lawful apprehension of Mitchell Barbieri, and taking into account two other offences, Fiona Barbieri sentenced to imprisonment for 4 years 6 months, dating from 6 December 2012 and expiring on 5 June 2017; no non-parole period...