Perticarini v Regina [2019] NSWCCA 192

Perticarini v Regina [2019] NSWCCA 192

The sentencing judge did not misapprehend the applicant's intellectual disability, and it was open not to find it mitigated moral culpability or impacted general deterrence. The sentence was not manifestly excessive or plainly unjust given the offending, relevant factors, and sentencing principles.

Parties
Applicant: Marco Perticarini; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination
Outcome
Leave granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Robbery Armed With Knife, Intellectual Disability and Sentencing, General Deterrence, Manifestly Excessive Sentence
Criminal Law Appeal Against Sentence Robbery Armed With Knife Intellectual Disability and Sentencing General Deterrence Manifestly Excessive Sentence

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Parties

Marco Perticarini

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to find intellectual disability mitigated moral culpability
  2. 2 Whether the sentencing judge erred in failing to take into account intellectual disability when considering general deterrence
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge did not misapprehend the applicant's intellectual disability, and it was open not to find it mitigated moral culpability or impacted general deterrence. The sentence was not manifestly excessive or plainly unjust given the offending, relevant factors, and sentencing principles.

Court Disposition

Leave granted; appeal dismissed

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.