R v Di Cianni and Pintabona [2013] NSWSC 1328

R v Di Cianni and Pintabona [2013] NSWSC 1328

The seriousness of the murders, including planning, location in the victims’ home, frenzied attacks, and lack of reasonable motive, required lengthy non-parole periods. Ms Pintabona’s assistance to Mr Di Cianni warranted substantial punishment given her later deliberate misrepresentation to police, though absence of foreknowledge mitigated her culpability. Accumulation of sentences was justified due to the distinct offences.

Parties
Prosecution: Regina (Crown); Defendant: Giuseppe Di Cianni; Defendant: Josephine Pintabona
Jurisdiction
Australia
Judgment Date
13 September 2013
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Convicted. Sentences of imprisonment imposed.
Legal Topics
Murder, Accessory After the Fact, Sentencing, Stabbing, Co Accused
Criminal Law Murder Accessory After the Fact Sentencing Stabbing Co Accused

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Parties

Regina (Crown)

Prosecution

Giuseppe Di Cianni

Defendant

Josephine Pintabona

Defendant

Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 Appropriate sentences for murder and accessory after the fact to murder
  2. 2 Assessment of objective and subjective seriousness for each offence
  3. 3 Consideration of planning, motive, and premeditation in murder offences

Ratio Decidendi

The seriousness of the murders, including planning, location in the victims’ home, frenzied attacks, and lack of reasonable motive, required lengthy non-parole periods. Ms Pintabona’s assistance to Mr Di Cianni warranted substantial punishment given her later deliberate misrepresentation to police, though absence of foreknowledge mitigated her culpability. Accumulation of sentences was justified due to the distinct offences.

Court Disposition

Convicted. Sentences of imprisonment imposed.

Orders

  • Giuseppe Di Cianni: Count 1 (murder of Mario Frisoli) – imprisonment for a non-parole period of 20 years commencing 18 August 2010 and a further term of 4 years.
  • Giuseppe Di Cianni: Count 2 (murder of Albert Frisoli) – imprisonment for a non-parole period of 20 years commencing 18 August 2020 and a further term of 4 years.