R v Bucca

[2021] NSWDC 394

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Bucca [2021] NSWDC 394

Hearing dates:

22 July 2021

Date of orders:

12 August 2021

Decision date:

12 August 2021

Jurisdiction:

Criminal

Before:

Wilson SC DCJ

Decision:

Full time custodial sentence imposed. Orders at [128] – [131]

Catchwords:

CRIME – SENTENCE – Specially Aggravated break and enter committing a serious indictable offence (grievous bodily harm) – committed in a domestic violence context – Whether a Domestic Violence Offence - Form 1 matters relating to AVO breaches – Commencement Date – Whether Assistance was provided to Authorities when same information available from another source.

Legislation Cited:

Crimes Act 1900 (NSW) ss 105(1)(b); 112(3)

Crimes (Domestic and Personal Violence) Act 2009 (NSW) ss 4, 14(1), 36

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A(2), 21A(3), 21A(5AA)

Cases Cited:

Abbas, Bodiotis, Taleb and Amoun v Regina (2013) 231 A Crim R 413

Bugmy v R [2013] 249 CLR 571

Irwin v R [2021] NSWCCA 172

Le v R [2019] NSWCCA 181

Markarian v The Queen [2005] HCA 25

Muldrock v The Queen [2011] HCA 39

R v Ellis (1986) 6 NSWLR 603

Re Attorney General’s Application (No 1 of 2002) (NSW) (2002) 56 NSWLR 146

Tepania v R [2018] NSWCCA 247

Texts Cited:

None

Category:

Sentence

Parties:

Regina (ODPP)
Joseph Bucca (Offender)

Representation:

Counsel:
Ms E Nicholson (ODPP)
Mr W de Mars (Offender)

Solicitors:
ODPP Solicitor (ODPP)
Legal Aid Solicitor (Offender)

File Number(s):

2020/151424

Publication restriction:

None

Judgment

1. Joseph Bucca (‘the Offender’) appears for sentence, having pleaded guilty to the offence H ending 319 sequence 6, being a single charge of specially aggravated break and enter and committing a serious indictable offence, in breach of s 112(3) of the Crimes Act 1900 (NSW). The circumstances of special aggravation were that during the commission of the break and enter, the Offender inflicted grievous bodily harm upon the victim, pursuant to s 105(1)(b) of the Crimes Act. This charge carries a maximum penalty of 25 years’ imprisonment, and a standard non-parole period of 7 years’ imprisonment.

2. Attaching to this charge are 5 further charges placed on a Form 1, being charge H ending 319 sequences 1 through 5, all of which are contravene a prohibition or restriction in AVO (domestic), in breach of s 14(1) of the Crimes (Domestic and Personal Violence) Act 2009 (NSW). These charges each carry a maximum penalty of 2 years’ imprisonment and/or a fine of $5,500.00 when prosecuted in the Local Court. They arise from an AVO taken out to protect Cleo Taueli and her children, with whom the Offender had a domestic relationship and a son.

3. The maximum penalties and the standard non-parole period are guideposts for a sentencing judge, and reflect the seriousness with which the community, through Parliament, views the offending.

4. There is also a related charge of contravening a prohibition or restriction, being H ending 319 (7), which is to be dealt with on a s 166 Certificate.

5. The…