R v Amante

[2019] NSWDC 222

District Court

New South Wales

Medium Neutral Citation:

R v Amante [2019] NSWDC 222

Hearing dates:

1 May 2019

Decision date:

01 May 2019

Jurisdiction:

Criminal

Before:

Colefax SC DCJ

Decision:

Full time imprisonment of 3 years 9 months wit a non-parole period of 2 years.

Catchwords:

CRIME - SENTENCE - intentionally damage property by fire (domestic violence context) - special circumstances.

Legislation Cited:

Crimes Act 1900 (NSW), s.195(1)(b)

Category:

Sentence

Parties:

Regina (Crown)

Michael Amante (Offender)

Representation:

Ms Saddington (ODPP)

Mr Pace (Solicitor for the offender)

File Number(s):

2018/106512

Publication restriction:

Non publication order made of the name of the victim.

Judgment

1. Michael Amante, you appear for sentence today in relation to one offence, that is, intentionally damaging property by fire in a domestic violence context.

2. This involves a contravention of s 195 (1)(b) of the Crimes Act. The maximum penalty for that offence is 10 years imprisonment and there is no standard non-parole period.

3. The facts surrounding your offending are substantially contained in a document entitled “Agreed Facts on Sentence” which, slightly recast by me as to style but not substance, are as follows.

4. In 2018, you were either 41 or 42 years of age and as at January of that year you had been in a turbulent domestic relationship with the victim. The victim was the resident of a Department of Housing apartment block in the suburb of Harris Park. The unit in which she lived was on the top floor of the building.

5. For a time, you also lived in that apartment block with her. The situation between the two of you had deteriorated to a point where, as at 6 January 2018, she had obtained an apprehended violence order against you - and one of the terms of that order was that you were not to go within 200 metres of her home.

6. On 6 January 2018, you went to those premises in breach of that order. It is not to the point, Mr Amante, that the victim may or may not have agreed to that occurring. You were the subject of an order which said you should not go there.

7. During the course of that evening, not only did you breach the order by going to those premises, you and the victim and her brother were engaged in some form of conflict, the details of which are set out in the agreed statement of facts. It is not insignificant to note, in particular, that during the course of the arguments which you had with the victim on that night, having made other threats to her, you specifically said “If the police come, they won’t be able to come through, they would have a murder scene”.

8. At around 10 o’clock on the morning of 7 January 2018, you came back to those premises. You were seen by one of the residents of the apartment building to be standing next to the window of the victim’s unit - and, according to your evidence today, you spent…