R v Baldini (No 2)

[2014] ACTSC 163

THE QUEEN v PETER BALDINI (NO 2)
[2014] ACTSC 163 (1 May 2014)

CRIMINAL LAW – Judgment and Punishment – Sentencing – Aggravated burglary – Assault occasioning actual bodily harm

Crimes Act 1900 (ACT), s 24
Crimes (Sentence Administration) Act 2005 (ACT)

Criminal Code 2002 (ACT), s 312

R v Baldini [2013] ACTSC 281

EX TEMPORE JUDGMENT

No. SCC 127 of 2013

Judge:              Refshauge J
Supreme Court of the ACT

Date:               1 May 2014

IN THE SUPREME COURT OF THE       )
  )          No. SCC 127 of 2013
AUSTRALIAN CAPITAL TERRITORY    )          

THE QUEEN

v

PETER BALDINI

ORDER

Judge:  Refshauge J
Date:  1 May 2014
Place:  Canberra

THE COURT ORDERS THAT:

1. The convictions entered on 12 November 2013 for aggravated burglary and assault occasioning actual bodily harm on 20 July 2012 be confirmed.

1. For the offence of aggravated burglary, Mr Baldini be sentenced to two years’ imprisonment, to commence on 1 May 2014.

1. For the offence of assault occasioning actual bodily harm, Mr Baldini be sentenced to eighteen months’ imprisonment, to commence on 30 April 2015;  that is to be cumulative as to six months on the sentence for aggravated burglary.

1. The sentenced be suspended for three years from 1 May 2014.

1. Mr Baldini be required to sign an undertaking under the Crimes (Sentence Administration) Act 2005 (ACT) to comply with the offender’s good behaviour obligations for a period of three years, with the following conditions:

(a)         a probation condition that he be under the supervision of the Director-General or her delegate for a period of eighteen months, or such lesser period as is deemed appropriate by the person delegated to supervise him, and obey all reasonable directions of the person delegated to supervise him;

(b)         that he perform three hundred hours of community service work within two years;  and

(c)         that he submit to monitoring by the Court Alcohol and Drug Assessment Service (CADAS) for a period of twelve months and comply with any reasonable directions of a CADAS officer about alcohol and drug treatment or counselling.

1. On 22 August 2013, having pleaded guilty in the Magistrates Court, Mr Baldini was committed for sentence to this Court.  He appeared before me on 12 November 2013, when I made a deferred sentence order.  See R v Baldini [2013] ACTSC 281.

1. In my remarks on sentence, I set out the facts of the two charges to which he had pleaded guilty, namely aggravated burglary and assault occasioning actual bodily harm.  I do not need to repeat them and I rely on what I there said.  In brief terms, Mr Baldini and two co-offenders entered the victim’s residence to find drugs and they assaulted him seriously.  The circumstance of aggravation was that Mr Baldini was in company.  That rendered the victim virtually helpless in the face of the home invasion.

1. Aggravated burglary is an offence under s 312 of the Criminal Code 2002 (ACT) and attracts a maximum penalty of 2,000 penalty units (that is, at the time, a fine of $220,000),…