R v Mills; R v Smiroldo [2020] NSWDC 919

R v Mills; R v Smiroldo [2020] NSWDC 919

Sentences imposed reflect the facilitated planning and commission of a break and enter with intimidation in circumstances of aggravation with a dangerous weapon, but at a level below mid-range objective seriousness due to unsophisticated execution and victim response. Both offenders received reductions for guilty pleas, demonstrated remorse, and subjective considerations including youth, rehabilitation, and family support, with special circumstances found to depart from standard non-parole periods.

Parties
Prosecution: Director of Public Prosecutions (Crown); Offender: Bradley Mills; Offender: Mark Anthony Smiroldo
Jurisdiction
Australia
Judgment Date
09 November 2020
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Both offenders convicted and sentenced to terms of imprisonment with specified non-parole periods and findings of special circumstances.
Legal Topics
Property Offences, Break, Enter and Commit Serious Indictable Offence, Violent Offences, Stalking or Intimidation, Aggravated Offences, Sentencing
Criminal Law Property Offences Break, Enter and Commit Serious Indictable Offence Violent Offences Stalking or Intimidation Aggravated Offences Sentencing

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Parties

Director of Public Prosecutions (Crown)

Prosecution

Bradley Mills

Offender

Mark Anthony Smiroldo

Offender

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Assessment of sentence for break, enter and commit serious indictable offence in circumstances of aggravation under Crimes Act 1900 (NSW) s 112(3)
  2. 2 Determination of objective seriousness of the offence
  3. 3 Consideration of subjective circumstances for each offender

Ratio Decidendi

Sentences imposed reflect the facilitated planning and commission of a break and enter with intimidation in circumstances of aggravation with a dangerous weapon, but at a level below mid-range objective seriousness due to unsophisticated execution and victim response. Both offenders received reductions for guilty pleas, demonstrated remorse, and subjective considerations including youth, rehabilitation, and family support, with special circumstances found to depart from standard non-parole periods.

Court Disposition

Both offenders convicted and sentenced to terms of imprisonment with specified non-parole periods and findings of special circumstances.

Orders

  • Mr Smiroldo convicted and sentenced to 3 years imprisonment with a non-parole period of 18 months (commencing 8 November 2019, expiring 7 November 2022; non-parole expires 7 May 2021).
  • Mr Mills convicted and sentenced to 3 years and 6 months imprisonment with a non-parole period of 2 years (commencing 8 November 2019, expiring 7 May 2023; non-parole expires 7 November 2021).