R v Dibitetto [2020] NSWDC 290

R v Dibitetto [2020] NSWDC 290

Given the number and seriousness of the offences, the offender's criminal history, offending while on parole, the objective seriousness of the crimes, mitigating factors including guilty pleas and some remorse, and the application of the principle of totality, an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 3 years and 8 months is appropriate.

Parties
Crown: Director of Public Prosecutions; Offender: Daniel Dibitetto
Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to an aggregate term of imprisonment of 5 years 6 months with a non-parole period of 3 years 8 months.
Legal Topics
Sentence, Aggravated Robbery, Break Enter and Steal, Larceny, Dispose of Stolen Property
Criminal Law Sentence Aggravated Robbery Break Enter and Steal Larceny Dispose of Stolen Property

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Parties

Director of Public Prosecutions

Crown

Daniel Dibitetto

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for series of offences including aggravated robbery with actual bodily harm, break and enter, larceny, and disposing of stolen property
  2. 2 Application of totality principle
  3. 3 Assessment of remorse and prospects for rehabilitation

Ratio Decidendi

Given the number and seriousness of the offences, the offender's criminal history, offending while on parole, the objective seriousness of the crimes, mitigating factors including guilty pleas and some remorse, and the application of the principle of totality, an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 3 years and 8 months is appropriate.

Court Disposition

Sentenced to an aggregate term of imprisonment of 5 years 6 months with a non-parole period of 3 years 8 months.

Orders

  • Aggregate sentence of 5 years, 6 months imprisonment commencing 5 June 2019, expiring 4 December 2024.
  • Non-parole period of 3 years, 8 months, expiring 4 February 2023.