R v Imbornone [2016] NSWDC 305

R v Imbornone [2016] NSWDC 305

The seriousness of the offences, including use of weapons, detention of victim, infliction of injury, and repeated offending demanded a lengthy aggregate sentence. Some reduction was allowed due to guilty pleas and recognition of special circumstances relating to rehabilitation, but mental health and remorse did not substantially mitigate the sentence. An aggregate sentence of 9 years imprisonment, with a 5.5 year non-parole period, and compensation for property loss was warranted.

Parties
Prosecutor: The Crown; Offender: Peter Imbornone
Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to an aggregate sentence of imprisonment for 9 years with a non-parole period of 5.5 years. Compensation order made.
Legal Topics
Sentencing, Drive While Disqualified, Aggravated Break and Enter, Detain for Advantage, In Company, Assault Occasioning Actual Bodily Harm, Steal From Person, Home Invasion, Reckless Wounding
Criminal Law Sentencing Drive While Disqualified Aggravated Break and Enter Detain for Advantage In Company Assault Occasioning Actual Bodily Harm Steal From Person +2 more

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Parties

The Crown

Prosecutor

Peter Imbornone

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple offences including aggravated break and enter, detain for advantage, reckless wounding, assault occasioning actual bodily harm, and steal from person
  2. 2 Consideration of standard non-parole periods and discounts for pleas of guilty
  3. 3 Relevance of mental health and drug use to sentencing

Ratio Decidendi

The seriousness of the offences, including use of weapons, detention of victim, infliction of injury, and repeated offending demanded a lengthy aggregate sentence. Some reduction was allowed due to guilty pleas and recognition of special circumstances relating to rehabilitation, but mental health and remorse did not substantially mitigate the sentence. An aggregate sentence of 9 years imprisonment, with a 5.5 year non-parole period, and compensation for property loss was warranted.

Court Disposition

Offender sentenced to an aggregate sentence of imprisonment for 9 years with a non-parole period of 5.5 years. Compensation order made.

Orders

  • Aggregate sentence of imprisonment: non-parole period of 5.5 years, head sentence of 9 years, dating from 30 April 2015.
  • Offender to pay compensation to NRMA in the sum of $4,034.18.