Police v VIMPANI [2008] NSWLC 14

Police v VIMPANI [2008] NSWLC 14

Given the number and seriousness of break enter and steal offences, many committed while the offender was on conditional liberty for similar crimes, and despite considerable post-offending efforts at rehabilitation, immediate custodial sentences are necessary for general and specific deterrence. Suspended sentences are not appropriate considering past abuse of such leniency. Partial cumulation of sentences is required given the totality and timing of offending, and special circumstances justify supervised parole for rehabilitation continuity.

Parties
Informant: Police; Defendant: Dean Vimpani
Jurisdiction
Australia
Judgment Date
15 July 2008
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted on all charges. Multiple custodial sentences are imposed (both fixed and non-parole periods), mostly to be served cumulatively or partially concurrently, with supervised parole ordered. A number of less serious charges are dealt with under s. 10A of the Crimes (Sentencing Procedure) Act...
Legal Topics
Break Enter and Steal, Multiple Offending, Cumulation of Sentence, Breach of Conditional Liberty, Rehabilitation, Sentencing Principles
Criminal Law Break Enter and Steal Multiple Offending Cumulation of Sentence Breach of Conditional Liberty Rehabilitation Sentencing Principles

Case Brief

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Parties

Police

Informant

Dean Vimpani

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for multiple break enter and steal offences
  2. 2 effect of breach of conditional liberty on sentencing
  3. 3 weight to be given to efforts at rehabilitation

Ratio Decidendi

Given the number and seriousness of break enter and steal offences, many committed while the offender was on conditional liberty for similar crimes, and despite considerable post-offending efforts at rehabilitation, immediate custodial sentences are necessary for general and specific deterrence. Suspended sentences are not appropriate considering past abuse of such leniency. Partial cumulation of sentences is required given the totality and timing of offending, and special circumstances justify supervised parole for rehabilitation continuity.

Court Disposition

The offender is convicted on all charges. Multiple custodial sentences are imposed (both fixed and non-parole periods), mostly to be served cumulatively or partially concurrently, with supervised parole ordered. A number of less serious charges are dealt with under s. 10A of the Crimes (Sentencing Procedure) Act...

Orders

  • H146675968 – Steal from the Person: 4 months imprisonment (15 July 2008 – 14 November 2008).
  • Fail to Appear: Conviction under s. 10A Crimes (Sentencing Procedure) Act 1999, no further penalty.