R v Vassallo [2016] NSWDC 381

R v Vassallo [2016] NSWDC 381

It was determined that the appropriate starting point for sentencing was sixteen months imprisonment, but a 25% reduction was applied for the early guilty plea and remorse, resulting in a one-year term. Special circumstances existed due to rehabilitation prospects and family support, warranting a non-parole period matching time already served (six months and one day), with release to parole and conditions as outlined.

Jurisdiction
Australia
Judgment Date
04 November 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to one year imprisonment with a non-parole period of six months and one day; balance of sentence to be served on parole.
Legal Topics
['sentencing' 'break and Enter' 'aggravated Burglary' 'intimidation']
['criminal Law'] ['sentencing' 'break and Enter' 'aggravated Burglary' 'intimidation']

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 / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break and enter with intent to intimidate' 'Consideration of early guilty plea discount' "Assessment of offender's prospects for rehabilitation" 'Determination of special circumstances affecting sentencing']

Ratio Decidendi

It was determined that the appropriate starting point for sentencing was sixteen months imprisonment, but a 25% reduction was applied for the early guilty plea and remorse, resulting in a one-year term. Special circumstances existed due to rehabilitation prospects and family support, warranting a non-parole period matching time already served (six months and one day), with release to parole and conditions as outlined.

Court Disposition

Convicted and sentenced to one year imprisonment with a non-parole period of six months and one day; balance of sentence to be served on parole.

Orders

  • ['Sentenced to imprisonment for one year.' 'Non-parole period of six months and one day commencing 14 March 2016 and expiring 14 September 2016.' 'Further period of imprisonment of six months less one day expiring 13 March 2017.' 'Release to parole at expiration of non-parole period.' 'Obey all reasonable directions...