Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Vincenzo Jon Fedele v R [2015] NSWCCA 286 Hearing dates: 21 October 2015 Date of orders: 04 March 2016 Decision date: 13 November 2015 Before: Hidden J at [1]
Davies J at [75]
Adamson J at [76]Decision: Leave granted, appeal allowed. Sentences in District Court quashed. Applicant sentenced on each charge to concurrent terms of 10 months imprisonment, to be served by way of ICO.
Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – accessing and possessing child pornography – full time custodial sentences – whether appropriate consideration given to alternatives to full time imprisonment Legislation Cited: Crimes Act 1900 (NSW)
Crimes Act 1914 (C’th)
Crimes (Administration of Sentences) Regulation 2014
Crime (Sentencing Procedure) Act 1999 (NSW)
Crimes Regulations 1990 (C’th)
Criminal Code 1995 (C’th)
Migration Act 1958 (C’th)Cases Cited: Dadson v O’Brien [1998] TASSC 75
Douar v R [2005] NSWCCA 455, 159 A Crim R 154
DPP (C’th) v Guest [2014] VSCA 29
DPP v Smith [2010] VSCA 215
EF v R [2015] NSWCCA 36
Fitzgerald v R [2015] NSWCCA 266
Hili and Jones v The Queen [2010] HCA 45, 242 CLR 520
James v R [2009] NSWCCA 62
Kanengele-Yondgo v R [2006] NSWCCA 354
Lowe v The Queen (1984) 154 CLR 606
Mouscas v R [2008] NSWCCA 181
Pearce v The Queen (1998) 194 CLR 610
R v Booth [2009] NSWCCA 89
R v Cacciola (1988) 104 A Crim R 178
R v De Leeuw [2015] NSWCCA 183
R v Engeln [2014] QCA 313
R v Foster [2001] 33 MVR 565
R v Gent [2005] NSWCCA 370, 162 A Crim R 29
R v Gordon; Ex Parte DPP (C’th) [2009] QCA 209
R v JCE [2000] NSWCCA 498, 120 A Crim R 18
R v Pogson & Ors [2012] NSWCCA 225, 82 NSWLR 60
R v Porte [2015] NSWCCA 174
R v Verburgt [2009] QCA 33
R v Wegener [1999] NSWCCA 405
R v Zamagias [2002] NSWCCA 17
Sabel v R; R v Sabel [2014] NSWCCA 101
Smit v State of Western Australia [2011] WASCA 124
Warnakulasuriya v The Queen [2009] WASC 257
Whelan v R [2012] NSWCCA 147
Wong v The Queen [2001] HCA 64; 207 CLR 584Category: Principal judgment Parties: Vincenzo Jon Fedele (applicant)
Regina (respondent /Crown)Representation: Counsel:
Solicitors:
T Game SC with G Huxley (applicant)
K Ginges (respondent/ Crown)
Uther Webster & Evans Solicitors (applicant)
Solicitor for Public Prosecutions (respondent/ Crown)
File Number(s): 2014/174069 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 11 September 2015
- Before:
- Judge Frearson SC
- File Number(s):
- 2014/174069
Judgment
-
HIDDEN J: The applicant, Vincenzo Jon Fedele, pleaded guilty in the District Court to child pornography offences under Commonwealth and State law. The Commonwealth charge was using a carriage service to access child pornography, an offence under s 471.19(1) of the Criminal Code (C’th), carrying…
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- AGLC
- Fedele v R [2015] NSWCCA 286
- Case
- [2015] NSWCCA 286
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the trial judge had failed to give appropriate consideration to non-custodial sentencing options for Fedele. The applicant argued that the trial judge had overlooked the potential for rehabilitation and the applicability of community-based sentencing. The Crown, on the other hand, contended that the trial judge had exercised appropriate judicial discretion in imposing a full-time custodial sentence, given the gravity of the offences committed.
The court, in dismissing the application for leave to appeal, found that the trial judge had indeed considered the principles of sentencing and the circumstances of the case. The court held that the sentence imposed was within the range of appropriate penalties for the crimes committed, and that the trial judge had not erred in rejecting non-custodial alternatives. The court emphasised the importance of deterrence and the need to protect the community from serious sexual offences, particularly those involving children. The High Court ultimately concluded that the trial judge had adequately considered the relevant sentencing principles and circumstances of the case, and there was no basis for allowing the appeal.
No further orders were made by the court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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