R v Bartolic-Arnaez [2022] NSWDC 280

R v Bartolic-Arnaez [2022] NSWDC 280

The three principal firearm and intimidation offences were each approaching mid-range seriousness, were aggravated by the offender being on parole and subject to four community correction orders and by being committed within the victim's home, and required full-time imprisonment. Allowing for the offender's youth, genuine remorse, early guilty plea attracting a 25 per cent discount, significant concurrency, and special circumstances supporting a longer parole period, an aggregate sentence of 4 years 3 months imprisonment with a non-parole period of 2 years 3 months was appropriate.

Jurisdiction
Australia
Judgment Date
22 July 2022
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Aggregate term of imprisonment of 4 years 3 months, with a non-parole period of 2 years 3 months.
Legal Topics
['use Offensive Weapon to Commit an Indictable Offence' 'firearm Discharge Likely to Endanger Safety or Property' 'intimidation With Intent to Cause Fear of Physical or Mental Harm' 'unauthorised Possession of Firearms' 'aggregate Sentencing' 'form 1 Matters' 'community Correction Orders' 'parole' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['use Offensive Weapon to Commit an Indictable Offence' 'firearm Discharge Likely to Endanger Safety or Property' 'intimidation With Intent to Cause Fear of Physical or Mental Harm' 'unauthorised Possession of Firearms' 'aggregate Sentencing' 'form 1 Matters' 'community Correction Orders' 'parole' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for using a firearm with intent to commit intimidation, firing a firearm in a manner likely to endanger safety or property, and intimidation with intent to cause fear of physical or mental harm.' 'Whether full-time imprisonment was required for the principal offences.' "How the offender's guilty plea, youth, remorse, prior convictions, parole status, community correction orders, and prospects of rehabilitation should affect sentence." 'Whether special circumstances justified varying the ratio between the head sentence and non-parole period.' 'What effect should be given to the two Form 1 matters of possessing an unauthorised firearm.']

Ratio Decidendi

The three principal firearm and intimidation offences were each approaching mid-range seriousness, were aggravated by the offender being on parole and subject to four community correction orders and by being committed within the victim's home, and required full-time imprisonment. Allowing for the offender's youth, genuine remorse, early guilty plea attracting a 25 per cent discount, significant concurrency, and special circumstances supporting a longer parole period, an aggregate sentence of 4 years 3 months imprisonment with a non-parole period of 2 years 3 months was appropriate.

Court Disposition

Aggregate term of imprisonment of 4 years 3 months, with a non-parole period of 2 years 3 months.

Orders

  • ['For the three principal offences, Valentino Bartolic-Arnaez is sentenced to an aggregate term of imprisonment of 4 years 3 months.' 'A non-parole period of 2 years 3 months is fixed to date from 18 August 2020 and to expire on 17 November 2022.' 'A balance of 2 years is fixed to date from 18 November 2022 and to...