Director of Public Prosecutions v Catania, Anthony

[2012] VCC 1709

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-11-00583

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANTHONY CATANIA

---

JUDGE:	His Honour Judge Coish
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	30 October 2012
CASE MAY BE CITED AS:	DPP v Catania, Anthony
MEDIUM NEUTRAL CITATION:	[2012] VCC 1709

REASONS FOR SENTENCE
---

Subject:  
Catchwords:            
Legislation Cited:    
Cases Cited:            
Sentence:                

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr KJ Doyle
For the Accused	Mr P Marin

HIS HONOUR:

1       Anthony Catania, you have pleaded guilty to two charges of obtaining financial advantage by deception.  This offence carries a maximum penalty of ten years imprisonment. 

2       It is unnecessary for me to recount the facts of the matter in detail as they are on transcript, the matter having been opened comprehensively by the learned prosecutor.  That opening was accepted by you through your counsel.  The prosecution opening on the plea is Exhibit 1. 

3       I proceed to sentence you on the basis of the facts as opened by the prosecutor which I shall now summarise. 

4       You are the brother of David Catania.  David Catania was involved in obtaining many credit cards through the use of stolen identities.  You were involved in using fraudulently obtained credit cards at Bunnings.  Details of the deceptions perpetrated upon Bunnings are set out in Schedule A attached to the indictment.  The total value involved in these transactions at Bunnings was $3450.01.  This is the basis of Charge 1.

5       Charge 2 concerns your activities in assisting in fraudulently obtaining a credit card in the name of William Sampson after your brother had been remanded in custody in Queensland.  You were complicit in obtaining this card by sending documents to a co-accused and acting as a go-between.  It is not suggested that you used the card yourself.

6       I state to you that I have taken into account the following matters in mitigation of sentence.  You have pleaded guilty, you are entitled to have that fact taken into account in your favour and I do so.  The community has by your plea been spared the time and cost of a trial, witnesses have been spared the ordeal of giving evidence upon your trial.  I accept that there is great utilitarian value in your plea of guilty.  In all the circumstances I accept you pleaded guilty at the earliest opportunity.  I accept from your plea of guilty and the other material before me that you are genuinely remorseful.  You have no prior convictions, I sentence you as a person of previously good character. 

7       I had been told something of your personal circumstances.  You are 44 years of age having been born on 27 May 1968.  You are currently separated from your partner and your three children.  Your background is fully described in the psychological report of Geoffrey Cummins dated 5 October 2012 which has been tendered on your behalf.  You have had a difficult relationship with your partner.  I accept Mr Cummins' opinions that you have a dependent personality style and you are a follower, not a leader.  You became involved in this offending as a result of associating with your brother David Catania. 

8       On 29 May 2009 at the Southport Magistrates Court, you were convicted and sentenced to three months imprisonment wholly suspended for 12 months.  This was in respect of a large number of offences of dishonesty related to the scheme orchestrated by David Catania which involved fraudulently obtaining and using credit cards through the use of stolen identities.  The offences for which I am sentencing you today were committed before you were dealt with in the Southport Magistrates Court and I accept that the material which forms the basis of the two charges was in the possession of the prosecution on 29 May 2009 the date of the Southport Magistrates sentence.  I accept that your role was not that of a principal or organiser rather you were assisting others higher in the hierarchy.  I assess your prospects of rehabilitation as being good. 

9 Against these matters in mitigation however your actions were serious. You have participated in a large scale, sophisticated fraud albeit to a small degree. As well as the matters to which I have referred. I must also take into account the need for general and specific deterrence. Specific deterrence is less relevant as you have no prior convictions and all your offending has been related to this fraudulent scheme. General deterrence is of considerable importance in a case such as this. I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment.

10      Your counsel submitted that I ought impose a brief suspended sentence.  I agree with this submission. 

11      Having regard to all relevant facts and appropriate sentencing principles, I sentence you as follows.

12      Charge 1, convicted and sentenced to one month's imprisonment.  Charge 2 convicted and sentenced to one month's imprisonment.  The sentences of imprisonment are wholly suspended for six months.  If required to be served, the sentences of imprisonment are to be served concurrently. 

13      You must not during the period of suspension commit another offence punishable by imprisonment.  If that occurs you will be in breach of the terms of suspended sentence and should expect to be brought back before the court and be ordered to serve the sentence that was suspended.

14 Pursuant to s.6AAA of the Sentencing Act, the sentence I would have imposed but for the plea of guilty is six months imprisonment. 

15      MR DOYLE:  As Your Honour pleases. 

16      HIS HONOUR:  That covers everything?

17      MR DOYLE:  Yes it does, Your Honour.

18      HIS HONOUR:  There were no outstanding matters and nothing further?

19      MR DOYLE:  No, Your Honour.

20      HIS HONOUR:  Thanks.  I will sign it straightaway.

- - -