R v Ghisolfi [2002] NSWCCA 166

R v Ghisolfi [2002] NSWCCA 166

The sentences were severe and at the upper end of the range, but they remained within the sentencing discretion given the seriousness of the armed robberies, the use of a knife against female victims in small businesses, the taking into account of two similar Form 1 offences, the applicant's extensive history of similar offending, and the fact that the offences were committed within weeks of release on parole for similar offences. No sentencing error was shown, and the overall sentence of 12 years imprisonment with a non-parole period of 9 years was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
09 May 2002
Procedural Posture
Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery With an Offensive Weapon' 'severity Appeal' 'breach of Parole' 'antecedent Criminal History' 'totality' 'non Parole Period']
['criminal Law' 'sentencing' 'criminal Procedure'] ['armed Robbery With an Offensive Weapon' 'severity Appeal' 'breach of Parole' 'antecedent Criminal History' 'totality' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for armed robberies with an offensive weapon were manifestly excessive or outside the sentencing discretion.' "Whether the sentencing judge gave impermissible effect to preventative detention when considering the applicant's criminal history and risk." "Whether the overall sentence properly reflected the objective seriousness of the offences, the Form 1 matters, the applicant's parole status, and the principle of totality."]

Ratio Decidendi

The sentences were severe and at the upper end of the range, but they remained within the sentencing discretion given the seriousness of the armed robberies, the use of a knife against female victims in small businesses, the taking into account of two similar Form 1 offences, the applicant's extensive history of similar offending, and the fact that the offences were committed within weeks of release on parole for similar offences. No sentencing error was shown, and the overall sentence of 12 years imprisonment with a non-parole period of 9 years was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']