R v Larry Enrico Pucci [2018] NSWDC 10

R v Larry Enrico Pucci [2018] NSWDC 10

The offending was just below mid-range but not at the lower end for recklessly damaging property, involved repeated violent conduct in a courtroom, and crossed the imprisonment threshold. The offender's medical conditions and perceived injustice did not mitigate the conduct; general and specific deterrence were important; his criminal antecedents showed continuing disobedience to the law and entitled him to no leniency; and the fact that the offence occurred while he was serving a prison sentence was aggravating. A fixed term of 15 months imprisonment commencing after the prior non-parole period was appropriate.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdict of Guilty
Outcome
Custodial sentence imposed; offender convicted and sentenced to a fixed term of imprisonment.
Legal Topics
['recklessly Cause Damage to Property' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'criminal Antecedents' 'custodial Sentence']
['criminal Law' 'sentencing'] ['recklessly Cause Damage to Property' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'criminal Antecedents' 'custodial Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for recklessly damaging a glass dock at Taree Local Court.' 'Whether the objective seriousness of the offending crossed the threshold for imprisonment under s 5 of Crimes (Sentencing Procedure) Act 1999.' "What weight should be given to the offender's medical conditions, perceived injustice, criminal antecedents, and the fact that the offence occurred while serving a prison sentence."]

Ratio Decidendi

The offending was just below mid-range but not at the lower end for recklessly damaging property, involved repeated violent conduct in a courtroom, and crossed the imprisonment threshold. The offender's medical conditions and perceived injustice did not mitigate the conduct; general and specific deterrence were important; his criminal antecedents showed continuing disobedience to the law and entitled him to no leniency; and the fact that the offence occurred while he was serving a prison sentence was aggravating. A fixed term of 15 months imprisonment commencing after the prior non-parole period was appropriate.

Court Disposition

Custodial sentence imposed; offender convicted and sentenced to a fixed term of imprisonment.

Orders

  • ["Mr Pucci you have been found guilty of an offence that you did on 21 March 2016, recklessly damage property, to wit, one glass dock, the property of the Attorney General's Department, Taree Local Court, and you are convicted of that offence." 'I sentence you to a fixed term of 15 months imprisonment to commence on...