R v MAZZITELLI [2011] NSWDC 129

R v MAZZITELLI [2011] NSWDC 129

Aggregate sentence of 10 years (6 years non-parole, 4 years parole) imposed for four counts aggravated armed robbery, reflecting aggravating factors including being an escapee, company, weapons, and prior record; separate, accumulated sentence of 2 years (12 months non-parole, 12 months parole) for escape from prison custody; early guilty plea attracts 25% discount; gun use found to be with replica or toy not real; special circumstances warrant longer supervision period to support prospects of rehabilitation.

Parties
Prosecution: Regina; Offender: Andrew John MAZZITELLI
Jurisdiction
Australia
Judgment Date
19 August 2011
Procedural Posture
Criminal / Sentencing After Guilty Pleas
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Aggravated Armed Robbery, Escape From Lawful Custody, Drug Addiction as Aggravating Factor, Aggregate Sentence
Criminal Law Sentencing Aggravated Armed Robbery Escape From Lawful Custody Drug Addiction as Aggravating Factor Aggregate Sentence

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Parties

Regina

Prosecution

Andrew John MAZZITELLI

Offender

Procedural Posture

Criminal / Sentencing After Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for four counts of aggravated armed robbery and associated Form 1 offences
  2. 2 Appropriate sentence for escape from lawful prison custody
  3. 3 Application and calculation of aggregate sentence under s53A Crimes (Sentencing Procedure) Act

Ratio Decidendi

Aggregate sentence of 10 years (6 years non-parole, 4 years parole) imposed for four counts aggravated armed robbery, reflecting aggravating factors including being an escapee, company, weapons, and prior record; separate, accumulated sentence of 2 years (12 months non-parole, 12 months parole) for escape from prison custody; early guilty plea attracts 25% discount; gun use found to be with replica or toy not real; special circumstances warrant longer supervision period to support prospects of rehabilitation.

Court Disposition

Convicted and sentenced

Orders

  • Aggregate sentence for four aggravated armed robbery offences: 10 years (6 years non-parole, 4 years parole), commencing 26 January 2012.
  • Escape from lawful prison custody: 2 years (12 months non-parole, 12 months parole), accumulated, commencing 26 January 2018.