Vincenzo Jon Fedele v R [2015] NSWCCA 286

Vincenzo Jon Fedele v R [2015] NSWCCA 286

The sentencing judge failed to adequately consider and provide reasons regarding alternatives to full time custody for both State and Commonwealth offences, contrary to legislative requirements. Given the applicant's limited offending conduct, strong subjective case, and low risk of reoffending, terms of imprisonment were justified but should be served by way of intensive correction order rather than full time imprisonment.

Parties
Applicant: Vincenzo Jon Fedele; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 November 2015
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Re Sentence
Outcome
Leave granted, appeal allowed. Sentences quashed. Applicant re-sentenced.
Legal Topics
Sentencing, Child Pornography Offences, Alternatives to Full Time Imprisonment, Application of S 5 Crimes (sentencing Procedure) Act 1999 (nsw) and S 17 a Crimes Act 1914 (cth)
Criminal Law Sentencing Child Pornography Offences Alternatives to Full Time Imprisonment Application of S 5 Crimes (sentencing Procedure) Act 1999 (nsw) and S 17 a Crimes Act 1914 (cth)

Case Brief

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Parties

Vincenzo Jon Fedele

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Re Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to properly consider alternatives to full time imprisonment under s 5 Crimes (Sentencing Procedure) Act 1999 (NSW) and s 17A Crimes Act 1914 (Cth)
  2. 2 Whether the sentences imposed were manifestly excessive
  3. 3 Whether the sentencing judge gave adequate reasons for rejecting alternatives to custody

Ratio Decidendi

The sentencing judge failed to adequately consider and provide reasons regarding alternatives to full time custody for both State and Commonwealth offences, contrary to legislative requirements. Given the applicant's limited offending conduct, strong subjective case, and low risk of reoffending, terms of imprisonment were justified but should be served by way of intensive correction order rather than full time imprisonment.

Court Disposition

Leave granted, appeal allowed. Sentences quashed. Applicant re-sentenced.

Orders

  • Applicant sentenced on each charge to concurrent terms of 10 months imprisonment to be served by way of intensive correction order (ICO), subject to mandatory conditions under the Crimes (Administration of Sentences) Regulation 2014.