R v Agostini (No 2) - [2025] NSWDC 369

District Court

New South Wales

Medium Neutral Citation: R v Agostini (No 2) [2025] NSWDC 369
Hearing dates: 8 August 2025
Date of orders: 8 August 2025
Decision date: 08 August 2025
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Sentence of imprisonment of 4 years 3 months with a non-parole period of 2 years 2 months

Catchwords:
CRIME — Violent offences — Detain for advantage while in company with intent to commit the serious indictable offence
SENTENCING — Mitigating factors — Late plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Specific deterrence — Form 1 offences — Moral culpability — Objective seriousness
SENTENCING — Subjective considerations on sentence — Age of offender — Immaturity — Victim of domestic violence— Drug addiction — Mental disorders — Trauma in childhood — ICO not appropriate

Legislation Cited:
Children (Criminal Proceedings) Act 1987 (NSW)
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Procedure Act1986 (NSW)

Cases Cited:
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146
Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Nasrallah v R [2021] NSWCCA 207
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295
R v Agostini [2024] NSWDC 363
R v JDX; JDX v R [2017] NSWCCA 9
R v Kelly [2025] NSWDC 281
R v Newell [2004] NSWCCA 183
R v Speechley [2012] NSWCCA 130

Category: Sentence
Parties: Jasmine Rose Agostini (the offender)
Director of Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
D Phillips (for the offender)
Solicitors:
Black Heart Lawyers (for the offender)
N Verghese solicitor for Director of Public Prosecutions (NSW) (Crown)

File Number(s): 2022/263404
Publication restriction: Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW), there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the victim

JUDGMENT – ex tempre revised

Introduction

I start by going to the events that bring Jasmine Agostini before the Court. They occurred on 2 and 3 September 2022 in southern Wollongong at an apartment complex. Agostini knew, that being in an intermittent de facto relationship with, the victim of the offence. She also knew a man called Kelly. They all knew other people who lived in the local area. Agostini had been given temporary accommodation in the unit in the complex. Earlier that day the victim in this matter met another woman who lived in the complex. The victim is a tattoo artist. He agreed to tattoo her and went to her unit.
Agostini saw the victim in the unit complex, and they agreed to meet later that evening.
Later that evening, in response to an invitation from Agostini, the victim walked from where he had…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Agostini (No 2)

Details

AGLC: R v Agostini (No 2) [2025] NSWDC 369
Case: [2025] NSWDC 369
Decision Date: 08 August 2025

CaseChat Overview and Summary

In the case of R v Agostini (No 2), the respondent faced charges related to being detained for advantage while in the company of others, with an intent to commit a serious indictable offence. The case was heard in the higher courts of Australia, where the respondent's sentencing was a central issue. The primary legal matters the court needed to resolve included the determination of an appropriate penalty, considering mitigating factors such as the respondent's late plea of guilty, and the relevance of various personal circumstances in fashioning a just sentence. Additionally, the court had to weigh the principles of parity among co-offenders, deterrence, and the specific deterrence of the offence in context.

The court examined several factors in arriving at a sentence. The late plea of guilty was considered a mitigating factor, though it was balanced against the objective seriousness of the offence. The respondent's age, immaturity, history of being a victim of domestic violence, drug addiction, and mental health disorders were all taken into account. The court also considered the trauma experienced in childhood and determined that an Intensive Corrections Order was not appropriate. The court concluded that these personal circumstances warranted some mitigation, but the offence's seriousness and the need for deterrence necessitated a significant custodial sentence.

Upon weighing all the factors, the court determined that the appropriate penalty was a term of imprisonment of four years and three months, with a non-parole period of two years and two months. This sentence reflected a balance between the need to punish the respondent and to provide an opportunity for rehabilitation, while also considering the need for general and specific deterrence. The court's decision underscored the importance of a holistic approach to sentencing, taking into account both the personal circumstances of the offender and the broader societal interests.

Orders

Orders of the court

Sentence of imprisonment of 4 years 3 months with a non-parole period of 2 years 2 months

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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Medium Neutral Citation:	R v Agostini (No 2) [2025] NSWDC 369
Hearing dates:	8 August 2025
Date of orders:	8 August 2025
Decision date:	08 August 2025
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Sentence of imprisonment of 4 years 3 months with a non-parole period of 2 years 2 months
Catchwords:	CRIME — Violent offences — Detain for advantage while in company with intent to commit the serious indictable offence SENTENCING — Mitigating factors — Late plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Specific deterrence — Form 1 offences — Moral culpability — Objective seriousness SENTENCING — Subjective considerations on sentence — Age of offender — Immaturity — Victim of domestic violence— Drug addiction — Mental disorders — Trauma in childhood — ICO not appropriate
Legislation Cited:	Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act1986 (NSW)
Cases Cited:	Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Nasrallah v R [2021] NSWCCA 207 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Agostini [2024] NSWDC 363 R v JDX; JDX v R [2017] NSWCCA 9 R v Kelly [2025] NSWDC 281 R v Newell [2004] NSWCCA 183 R v Speechley [2012] NSWCCA 130
Category:	Sentence
Parties:	Jasmine Rose Agostini (the offender) Director of Public Prosecutions (NSW) (Crown)
Representation:	Counsel: D Phillips (for the offender) Solicitors: Black Heart Lawyers (for the offender) N Verghese solicitor for Director of Public Prosecutions (NSW) (Crown)
File Number(s):	2022/263404
Publication restriction:	Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW), there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the victim