Regina v Lovoni [2006] NSWDC 179

Regina v Lovoni [2006] NSWDC 179

The offences required imprisonment and some partial accumulation, but the sentences were moderated because the prisoner had a lesser role than his co-offenders, did not plan or direct the offending, pleaded guilty, showed remorse, had significant cognitive limitations, drug and alcohol problems and disadvantaged personal circumstances, and required extended parole supervision and rehabilitation. Special circumstances justified a significant adjustment of the non-parole periods, and the sentences were backdated to avoid double punishment for the parole breach while still treating the breach as an aggravating factor.

Jurisdiction
Australia
Judgment Date
11 May 2006
Procedural Posture
Criminal Sentence for Robbery in Company and Breaking, Entering and Stealing in Circumstances of Aggravation / Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the District Court
Outcome
Daniel Lovoni was convicted on both offences and sentenced to an aggregate total sentence of four years dating from 6 June 2005, with a total non-parole period of eighteen months.
Legal Topics
['robbery in Company' 'break and Enter' 'young Offender' 'parity' 'special Circumstances' 'parole' 'guilty Plea Discount' 'drug Addiction' 'cognitive Disability' 'residential Rehabilitation']
['criminal Law' 'sentencing'] ['robbery in Company' 'break and Enter' 'young Offender' 'parity' 'special Circumstances' 'parole' 'guilty Plea Discount' 'drug Addiction' 'cognitive Disability' 'residential Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence for Robbery in Company and Breaking, Entering and Stealing in Circumstances of Aggravation / Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the District Court

Legal Issues

  1. 1 ['What sentences should be imposed for robbery in company and breaking, entering and stealing in circumstances of aggravation committed on 6 June 2005.' 'Whether the sentences should commence from the date the prisoner came into custody despite his service of the balance of an earlier parole period.' "Whether the penalties imposed on the younger co-offenders in the Children's Court were relevant to parity." 'Whether special circumstances justified adjustment of the non-parole periods.' 'Whether the offender should be remanded under s 11 Crimes (Sentencing Procedure) Act for residential rehabilitation before sentence.']

Ratio Decidendi

The offences required imprisonment and some partial accumulation, but the sentences were moderated because the prisoner had a lesser role than his co-offenders, did not plan or direct the offending, pleaded guilty, showed remorse, had significant cognitive limitations, drug and alcohol problems and disadvantaged personal circumstances, and required extended parole supervision and rehabilitation. Special circumstances justified a significant adjustment of the non-parole periods, and the sentences were backdated to avoid double punishment for the parole breach while still treating the breach as an aggravating factor.

Court Disposition

Daniel Lovoni was convicted on both offences and sentenced to an aggregate total sentence of four years dating from 6 June 2005, with a total non-parole period of eighteen months.

Orders

  • ['For robbery in company committed on 6 June 2005, the prisoner is convicted and sentenced to a non-parole period of twelve months from 6 June 2005 to 5 June 2006, with a balance of sentence of one year and four months expiring on 5 October 2007.' 'For breaking, entering and stealing in circumstances of aggravation...