R v Gagliardi [2021] NSWDC 822

R v Gagliardi [2021] NSWDC 822

Given Ms Gagliardi’s material mental illness, rehabilitation, minimal reoffending risk, and ongoing compliance with treatment, the purposes of sentencing, particularly community safety and her rehabilitation, are best achieved by imposing an aggregate intensive correction order with conditions, rather than full-time imprisonment, for an overall term of two years and four months for the relevant offences.

Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Aggregate term of imprisonment of two years and four months to be served by way of intensive correction order with conditions commencing 14 December 2021 and concluding 13 April 2024.
Legal Topics
['property Offences' 'violent Offences' 'offensive Weapon' 'assault Occasioning Actual Bodily Harm' 'stalking or Intimidation' 'contravene Apprehended Violence Order' 'mitigating Factors' 'mental Illness' 'sentencing']
['criminal Law'] ['property Offences' 'violent Offences' 'offensive Weapon' 'assault Occasioning Actual Bodily Harm' 'stalking or Intimidation' 'contravene Apprehended Violence Order' 'mitigating Factors' 'mental Illness' 'sentencing']

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for intentionally damaging property' 'Appropriate sentence for use of offensive weapon with intent to commit indictable offence (intimidation)' 'Appropriate sentence for assault occasioning actual bodily harm' 'Impact of mental illness on sentencing' 'Whether intensive correction order preferable to full-time imprisonment in light of mental illness' 'Whether an apprehended violence order should be imposed']

Ratio Decidendi

Given Ms Gagliardi’s material mental illness, rehabilitation, minimal reoffending risk, and ongoing compliance with treatment, the purposes of sentencing, particularly community safety and her rehabilitation, are best achieved by imposing an aggregate intensive correction order with conditions, rather than full-time imprisonment, for an overall term of two years and four months for the relevant offences.

Court Disposition

Aggregate term of imprisonment of two years and four months to be served by way of intensive correction order with conditions commencing 14 December 2021 and concluding 13 April 2024.

Orders

  • ['You are convicted of: intentional damage to property (s 195(1)(a) Crimes Act 1900); use of offensive weapon with intent to commit indictable offence (intimidation, s 33B(1)(a) Crimes Act 1900); assault occasioning actual bodily harm (s 59(1) Crimes Act 1900); stalking/intimidation with intent to cause fear (s 13...