R v Aras Giotas [2007] NSWDC 37

R v Aras Giotas [2007] NSWDC 37

The sentence imposed on the first trial did not reflect the level of criminality and the evidence before the court after the re-trial, including the offender's testimony and the circumstances of the offence. The independent assessment of criminality and the objectives of sentencing warrant a longer sentence than was previously imposed; specific reasons are provided as required by law.

Parties
Prosecutor: R; Offender: Aras Giotas
Jurisdiction
Australia
Judgment Date
23 March 2007
Procedural Posture
Criminal / Sentencing After Re Trial
Outcome
Offender convicted on each count; sentenced to five years imprisonment on each count, concurrent, with three years and four months non-parole period; parole conditions imposed.
Legal Topics
Sentencing Principles, Sexual Assault, Re Trial, Increase of Sentence After Retrial
Criminal Law Sentencing Principles Sexual Assault Re Trial Increase of Sentence After Retrial

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Parties

R

Prosecutor

Aras Giotas

Offender

Procedural Posture

Criminal / Sentencing After Re Trial

Legal Issues

  1. 1 Whether the sentence after re-trial should be greater than the sentence imposed at the first trial
  2. 2 Assessment of objective and subjective seriousness of the offence
  3. 3 Identification and application of aggravating and mitigating factors

Ratio Decidendi

The sentence imposed on the first trial did not reflect the level of criminality and the evidence before the court after the re-trial, including the offender's testimony and the circumstances of the offence. The independent assessment of criminality and the objectives of sentencing warrant a longer sentence than was previously imposed; specific reasons are provided as required by law.

Court Disposition

Offender convicted on each count; sentenced to five years imprisonment on each count, concurrent, with three years and four months non-parole period; parole conditions imposed.

Orders

  • Offender is convicted on each count.
  • On each count, sentenced to five years imprisonment commencing 23 February 2006, expiring 22 February 2011.