R v Bucca [2021] NSWDC 394

R v Bucca [2021] NSWDC 394

The offending was a serious specially aggravated break and enter involving a prolonged assault on a sleeping victim and significant injuries, but it was just below the mid-range of objective seriousness because there was no planning, no weapon, the aggravating and specially aggravating circumstances arose from the same act, and the grievous bodily harm was at the lower end of that category. Prior violent convictions and commission while on conditional liberty aggravated the sentence; remorse and an early guilty plea mitigated it. The offence was a personal violence offence but was not recorded as a domestic violence offence because the victim was not a person with whom the Offender had a...

Jurisdiction
Australia
Judgment Date
12 August 2021
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
Full time custodial sentence imposed.
Legal Topics
['specially Aggravated Break and Enter' 'grievous Bodily Harm' 'domestic and Personal Violence' 'apprehended Violence Order Breaches' 'form 1 Offences' 'standard Non Parole Period' 'assistance to Authorities' 'special Circumstances']
['criminal Law' 'sentencing'] ['specially Aggravated Break and Enter' 'grievous Bodily Harm' 'domestic and Personal Violence' 'apprehended Violence Order Breaches' 'form 1 Offences' 'standard Non Parole Period' 'assistance to Authorities' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['Whether the principal offence was a personal violence offence or domestic violence offence under the Crimes (Domestic and Personal Violence) Act.' 'How the Form 1 AVO breach matters should be taken into account on sentence.' 'Assessment of objective seriousness for specially aggravated break and enter committing grievous bodily harm.' 'Whether aggravating factors under s 21A(2) and mitigating factors under s 21A(3) applied.' 'Whether any discount should be allowed for assistance to authorities under R v Ellis or s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether the standard non-parole period should be applied and whether special circumstances existed.' 'What commencement date should be fixed given prior custody and revoked Intensive Corrections Orders.']

Ratio Decidendi

The offending was a serious specially aggravated break and enter involving a prolonged assault on a sleeping victim and significant injuries, but it was just below the mid-range of objective seriousness because there was no planning, no weapon, the aggravating and specially aggravating circumstances arose from the same act, and the grievous bodily harm was at the lower end of that category. Prior violent convictions and commission while on conditional liberty aggravated the sentence; remorse and an early guilty plea mitigated it. The offence was a personal violence offence but was not recorded as a domestic violence offence because the victim was not a person with whom the Offender had a...

Court Disposition

Full time custodial sentence imposed.

Orders

  • ['Joseph Bucca was convicted of offence H ending 319 sequence 6, specially aggravated break and enter and committing a serious indictable offence, in breach of s 112(3) of the Crimes Act 1900 (NSW).' 'Joseph Bucca was convicted of offence H ending 319 sequence 7, contravene a prohibition or restriction of an...