R v Amante [2019] NSWDC 222

R v Amante [2019] NSWDC 222

The offender intentionally damaged property by fire in a domestic violence context, aggravating factors included breach of AVO and being on bail. The offender's dysfunctional upbringing and mental health/substance abuse issues reduced moral culpability. Special circumstances justified a longer parole period. A full-time custodial sentence of 3 years 9 months with a non-parole period of 2 years was appropriate after a 25 per cent discount for a guilty plea.

Jurisdiction
Australia
Judgment Date
01 May 2019
Procedural Posture
Criminal / Sentence
Outcome
Imprisonment
Legal Topics
['sentencing' 'intentionally Damage Property by Fire' 'domestic Violence' 'special Circumstances']
['criminal Law'] ['sentencing' 'intentionally Damage Property by Fire' 'domestic Violence' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for intentionally damaging property by fire in a domestic violence context under s195(1)(b) Crimes Act 1900 (NSW)']

Ratio Decidendi

The offender intentionally damaged property by fire in a domestic violence context, aggravating factors included breach of AVO and being on bail. The offender's dysfunctional upbringing and mental health/substance abuse issues reduced moral culpability. Special circumstances justified a longer parole period. A full-time custodial sentence of 3 years 9 months with a non-parole period of 2 years was appropriate after a 25 per cent discount for a guilty plea.

Court Disposition

Imprisonment

Orders

  • ['Offender is sentenced to full-time imprisonment for 3 years and 9 months, commencing 4 October 2018.' 'Non-parole period is fixed at 2 years to expire on 3 October 2020.' 'Parole period is 1 year 9 months from 4 October 2020.' 'Non-publication order of the name of the victim.']