R v Vittori [2019] NSWDC 583

R v Vittori [2019] NSWDC 583

The appropriate sentence for the offender, taking into account her youth, mental health, adverse childhood, plea of guilty, acknowledgment of the Form 1 offences, and prior record, is an aggregate term of 4 years and 6 months imprisonment with a non-parole period of 2 years and 3 months. Special circumstances exist to justify a longer non-parole period, applying s 44 of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of imprisonment of 4 years 6 months with a non-parole period of 2 years 3 months. Eligible for parole on 6 April 2021.
Legal Topics
['violent Offences' 'armed Robbery' 'sentencing' 'non Parole Period' 'form 1 Offences' 'offensive Weapon']
['criminal Law'] ['violent Offences' 'armed Robbery' 'sentencing' 'non Parole Period' 'form 1 Offences' 'offensive Weapon']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for assault with intent to rob armed with a dangerous weapon under s 97(2) Crimes Act 1900' 'Appropriate sentence for possession of unauthorised firearm under s 7A(1) Firearms Act 1996' 'Taking Form 1 offences into account in sentencing' 'Assessment of objective seriousness of offence' 'Assessment of subjective factors including mental health, drug use and prospects of rehabilitation' 'Application of principles regarding non-parole periods and special circumstances']

Ratio Decidendi

The appropriate sentence for the offender, taking into account her youth, mental health, adverse childhood, plea of guilty, acknowledgment of the Form 1 offences, and prior record, is an aggregate term of 4 years and 6 months imprisonment with a non-parole period of 2 years and 3 months. Special circumstances exist to justify a longer non-parole period, applying s 44 of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Aggregate term of imprisonment of 4 years 6 months with a non-parole period of 2 years 3 months. Eligible for parole on 6 April 2021.

Orders

  • ['Offender sentenced to an aggregate term of imprisonment of 4 years and 6 months commencing 7 January 2019.' 'Non-parole period fixed at 2 years and 3 months.' 'Offender eligible for parole on 6 April 2021.' 'Indicative sentence for assault with intent to rob armed with dangerous weapon: 4 years and 3 months.'...