R v Mattiusi (No.3) [2022] NSWDC 406

R v Mattiusi (No.3) [2022] NSWDC 406

The appropriate sentence for Mr Mattiussi is determined by the serious and degrading nature of the sexual assaults and intimidation, their commission within a domestic relationship and in the victim's home, the lack of contrition or rehabilitation prospects, and the need for general and specific deterrence. The aggregate sentence reflects the overall criminality, taking account of objective gravity, aggravating factors, offender's prior record, and statutory requirements.

Parties
Prosecutor: Office of the Director of Public Prosecutions (ODPP); Offender: M Mattiussi
Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Sentence / Sentence After Trial by Jury, Following Guilty Verdicts
Outcome
Offender sentenced to full-time imprisonment; Apprehended Violence Order made.
Legal Topics
Sexual Assault, Intimidation, Domestic Violence, Sentencing
Criminal Law Sexual Assault Intimidation Domestic Violence Sentencing

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Parties

Office of the Director of Public Prosecutions (ODPP)

Prosecutor

M Mattiussi

Offender

Procedural Posture

Sentence / Sentence After Trial by Jury, Following Guilty Verdicts

Legal Issues

  1. 1 Appropriate sentencing for two counts of sexual assault and one count of intimidation in domestic violence context
  2. 2 Objective seriousness and aggravating factors of the offences
  3. 3 Assessment of offender's subjective case and prospects of rehabilitation

Ratio Decidendi

The appropriate sentence for Mr Mattiussi is determined by the serious and degrading nature of the sexual assaults and intimidation, their commission within a domestic relationship and in the victim's home, the lack of contrition or rehabilitation prospects, and the need for general and specific deterrence. The aggregate sentence reflects the overall criminality, taking account of objective gravity, aggravating factors, offender's prior record, and statutory requirements.

Court Disposition

Offender sentenced to full-time imprisonment; Apprehended Violence Order made.

Orders

  • Offender convicted on counts 2, 3, and 5.
  • Aggregate sentence of 7 years and 6 months' imprisonment from 9 March 2021 to 8 September 2028.