R v Bucca

Case [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…

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Details
AGLC
R v Bucca [2021] NSWDC 394
Case
[2021] NSWDC 394
Decision Date

CaseChat Overview and Summary

The case of R v Bucca involved the defendant charged with committing a serious indictable offence of grievous bodily harm during a specially aggravated break and enter, which occurred in a domestic violence context. The matter was heard in the relevant Australian court, which was tasked with determining the appropriate sentence for the defendant's actions.

The central legal issues the court had to address were whether the offence constituted a Domestic Violence Offence, and if so, how this factor should influence the sentencing. Additionally, the court examined the defendant's conduct regarding breaches of an Apprehended Violence Order (AVO), including whether the defendant had provided assistance to authorities when the same information was available from another source. The commencement date of the offence and the relevance of Form 1 matters were also considered in the sentencing process.

In delivering its judgment, the court found that the offence did indeed constitute a Domestic Violence Offence, which was a significant aggravating factor. The court took into account the defendant's history of AVO breaches and the lack of cooperation with authorities. The court emphasised the seriousness of the offence, the need for general deterrence, and the protection of the community. After careful consideration of all the relevant factors, the court imposed a full-time custodial sentence. The specific orders and conditions of the sentence were detailed in the judgment at paragraphs [128] to [131].

Orders

Orders of the court

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

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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