R v Tarantino (No 9) [2019] NSWSC 1669

R v Tarantino (No 9) [2019] NSWSC 1669

Because Mr Tarantino possessed a reasonably large knife in a public place, had a relevant criminal history involving violence and weapons, and specific deterrence was important despite his psychiatric condition and delusional fears, a s 10 order was not open and no sentence other than imprisonment was appropriate; the custodial term was backdated because he had already served the period imposed.

Jurisdiction
Australia
Judgment Date
14 November 2019
Procedural Posture
Criminal Sentencing for Summary Offence of Custody of Knife in a Public Place Without Reasonable Excuse / Sentence Following Plea of Guilty After Acquittal on Murder Charge
Outcome
The accused was convicted and sentenced to a fixed term of imprisonment of three months commencing on 20 November 2016 and expiring on 19 February 2017.
Legal Topics
['summary Offences' 'custody of Knife in Public Place' 'psychiatric Condition in Sentencing' 'specific Deterrence' 'custodial Sentence']
['criminal Law' 'sentencing'] ['summary Offences' 'custody of Knife in Public Place' 'psychiatric Condition in Sentencing' 'specific Deterrence' 'custodial Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing for Summary Offence of Custody of Knife in a Public Place Without Reasonable Excuse / Sentence Following Plea of Guilty After Acquittal on Murder Charge

Legal Issues

  1. 1 ["What sentence should be imposed for the accused's plea of guilty to an offence under s 11C(1) of the Summary Offences Act 1988." 'Whether the accused should receive the benefit of an order under s 10 of the Crimes (Sentencing Procedure) Act 1999.' "Whether the accused's psychiatric condition and criminal history made a custodial sentence appropriate."]

Ratio Decidendi

Because Mr Tarantino possessed a reasonably large knife in a public place, had a relevant criminal history involving violence and weapons, and specific deterrence was important despite his psychiatric condition and delusional fears, a s 10 order was not open and no sentence other than imprisonment was appropriate; the custodial term was backdated because he had already served the period imposed.

Court Disposition

The accused was convicted and sentenced to a fixed term of imprisonment of three months commencing on 20 November 2016 and expiring on 19 February 2017.

Orders

  • ['Mr Tarantino is convicted.' 'Mr Tarantino is sentenced to a fixed term of imprisonment of three months commencing on 20 November 2016 and expiring on 19 February 2017.']