Picciolo v R [2011] NSWCCA 180

Picciolo v R [2011] NSWCCA 180

Proper regard must be had to the impact of the applicant's depressive illness on his reasoning capacity and culpability; the original sentence for aggravated break and enter was excessive given the applicant's mental illness, remorse, lack of prior criminal record, and positive response to treatment; a period of 2 years custody and total term of 4 years is more appropriate.

Jurisdiction
Australia
Judgment Date
10 August 2011
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal upheld in part; sentence for aggravated break and enter quashed and re-sentenced.
Legal Topics
['sentence Appeal' 'effect of Mental Illness' 'domestic Violence' 'aggravated Break and Enter' 'detaining for Advantage']
['criminal Law'] ['sentence Appeal' 'effect of Mental Illness' 'domestic Violence' 'aggravated Break and Enter' 'detaining for Advantage']

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ["Whether the applicant's mental illness was adequately reflected in the sentence imposed by the District Court" "Whether the sentence was excessive given the applicant's reduced culpability due to mental illness"]

Ratio Decidendi

Proper regard must be had to the impact of the applicant's depressive illness on his reasoning capacity and culpability; the original sentence for aggravated break and enter was excessive given the applicant's mental illness, remorse, lack of prior criminal record, and positive response to treatment; a period of 2 years custody and total term of 4 years is more appropriate.

Court Disposition

Leave to appeal granted; appeal upheld in part; sentence for aggravated break and enter quashed and re-sentenced.

Orders

  • ['Grant leave to appeal.' 'Appeal upheld in part.' 'Quash the sentence imposed in the District Court in relation to the offence of aggravated break and enter and for that offence sentence the applicant to a non-parole period of 2 years commencing 14 August 2009 and expiring on 13 August 2011 and to a total term of 4...