Regina v Michael Phillip Bottom; Regina v Phillip Camilli [2016] NSWDC 210

Regina v Michael Phillip Bottom; Regina v Phillip Camilli [2016] NSWDC 210

Given the objective seriousness of the violent offences, use of weapons, need for community protection and deterrence, and recognition of the offenders' admissions of guilt, personal and psychological circumstances, substantial terms of imprisonment are warranted for both offenders. The sentences are adjusted for mitigating factors, including guilty pleas, deprived backgrounds, and in Camilli's case, mental illness and prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Criminal Sentencing / Sentence
Outcome
convicted and sentenced to terms of imprisonment; referral to Drug Court for Bottom; Camilli to be released to parole forthwith
Legal Topics
['assault' 'common Assault' 'affray' 'destroy or Damage Property' 'reckless Wounding in Company' 'maliciously Destroy or Damage Property in Company' 'throw Missile at Police' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'circumstances' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'appropriate Penalty' 'culpability' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'onerous Penalty' 'back Up Charge']
['criminal Law'] ['assault' 'common Assault' 'affray' 'destroy or Damage Property' 'reckless Wounding in Company' 'maliciously Destroy or Damage Property in Company' 'throw Missile at Police' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'circumstances' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'appropriate Penalty' 'culpability' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'onerous Penalty' 'back Up Charge']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['Objective seriousness of offences committed by each offender' 'Appropriate sentence and relevant aggravating and mitigating factors' 'Application of general and specific deterrence principles' "Impact of the offenders' personal circumstances, including mental health and substance abuse, on sentence" 'Availability of alternatives to imprisonment']

Ratio Decidendi

Given the objective seriousness of the violent offences, use of weapons, need for community protection and deterrence, and recognition of the offenders' admissions of guilt, personal and psychological circumstances, substantial terms of imprisonment are warranted for both offenders. The sentences are adjusted for mitigating factors, including guilty pleas, deprived backgrounds, and in Camilli's case, mental illness and prospects of rehabilitation.

Court Disposition

convicted and sentenced to terms of imprisonment; referral to Drug Court for Bottom; Camilli to be released to parole forthwith

Orders

  • ['Bottom: Convicted. Count 1: imprisonment, non-parole 6 months (from 6 Sept 2015), head 9 months; Count 2: imprisonment, non-parole 8 months (from 6 Dec 2015), head 1 year; Count 3: imprisonment, non-parole 1 year (from 6 June 2016), head 1 year 6 months; Count 4: imprisonment, non-parole 2 years (from 6 Dec 2016),...