R v MARTINO [2023] NSWDC 308

R v MARTINO [2023] NSWDC 308

Given the moderately serious nature of the fraud, the lack of genuine remorse, extensive criminal antecedents, risk to community, and the need for general and personal deterrence, a sentence of full-time imprisonment with a finding of special circumstances and application of totality is warranted.

Parties
Prosecutor: Rex; Offender: Antonio Domenico Martino
Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and sentenced to 2 years and 9 months imprisonment with a non-parole period of 1 year and 8 months (from 21 May 2023). Taking accumulation with the existing sentence, the overall sentence is 3 years and 2 months with a non-parole period of 2 years and 1 month.
Legal Topics
Sentencing, Fraud, Dishonestly Obtaining Benefit by Deception, Totality, Special Circumstances
Criminal Law Sentencing Fraud Dishonestly Obtaining Benefit by Deception Totality Special Circumstances

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Parties

Rex

Prosecutor

Antonio Domenico Martino

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dishonestly obtaining a benefit by deception contrary to s.192E(1)(b) Crimes Act 1900 (NSW)
  2. 2 Consideration of totality when offender is already serving a sentence for similar offences
  3. 3 Whether offender's background and mental health lessen moral culpability or justify leniency

Ratio Decidendi

Given the moderately serious nature of the fraud, the lack of genuine remorse, extensive criminal antecedents, risk to community, and the need for general and personal deterrence, a sentence of full-time imprisonment with a finding of special circumstances and application of totality is warranted.

Court Disposition

The offender is convicted and sentenced to 2 years and 9 months imprisonment with a non-parole period of 1 year and 8 months (from 21 May 2023). Taking accumulation with the existing sentence, the overall sentence is 3 years and 2 months with a non-parole period of 2 years and 1 month.

Orders

  • The sentence is backdated by 2 months to reflect time solely in custody and a further 2 months for totality, calculated from 21 September 2023.
  • Non-parole period dates from 21 May 2023 and expires 20 January 2025.