SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Catanzariti |
| Citation: | [2020] ACTSC 326 |
| Hearing Dates: | 14 October, 4 December 2020 |
| Decision Date: | 4 December 2020 |
| Before: | Murrell CJ |
| Decision: | Sentenced to 21 months and 21 days’ imprisonment and placed |
| on a drug and alcohol treatment order. | |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated burglary by joint commission – Unlawful confinement by joint commission – Theft by joint commission – Drug and |
| alcohol treatment order | |
| Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 12A, 33, 35 Crimes Act 1900 (ACT) s 34 Criminal Code 2002 (ACT) ss 308, 312, s 45A |
| Cases Cited: | R v Avery [2018] ACTCA 57 R v CN; R v SN; R v Rix [2019] ACTSC 293 R v Goodge [2019] ACTSC 297 R v XXL [2019] ACTSC 294 Singh v The Queen [2015] ACTCA 65 |
| Parties: | The Queen (Crown) Giuseppe Pasquale Catanzariti (Offender) |
| Representation: | Counsel |
| M Dyason (Crown) J de Bruin (Offender) | |
| Solicitors | |
| Director of Public Prosecutions ACT (Crown) Legal Aid ACT (Offender) | |
| File Number(s): | SCC 86 of 2020 |
| MURRELL CJ: | |
| Introduction | |
| The offender pleaded guilty to the following offences: |
(a)
Count 1: Aggravated burglary by joint commission, contrary to s 312 of the Criminal Code 2002 (ACT) (Criminal Code) (by virtue of s 45A of the Criminal Code).
The maximum penalty for this offence is 20 years' imprisonment, a fine of
$320,000, or both.(b)
Count 2: Unlawful confinement by joint commission, contrary to s 34 of the Crimes Act 1900 (ACT) (by virtue of s 45A of the Criminal Code).
The maximum penalty for this offence is 10 years' imprisonment.
(c)
Count 3: Theft by joint commission, contrary to s 308 of the Criminal Code (by virtue of s 45A of the Criminal Code).
The maximum penalty for this offence is 10 years' imprisonment, a fine of
$160,000 or both.
| 2. | The pleas were entered on the first day of the trial, i.e. they were entered late. They were entered in the context of a very strong Crown case. The appropriate discount under s 35 of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) is no more than 10 per cent. |
| 3. | The offender was remanded in custody for six months and 10 days (from 30 December 2019 to 9 July 2020) in relation to these offences. He was granted bail on 9 July 2020. |
Facts
| 4. | In late 2019, the complainant and her teenage son, EN, resided in Giralang. The complainant was friends with the offender's mother. |
| 5. | In late 2019, the complainant invited the offender's sister to live at the Giralang house. The complainant stated that she did not want the offender at the house; she believed that he was a drug user. |
| 6. | On about 19 December 2019, the offender's mother finished work and went with the offender to the complainant's house. The offender bent down to greet the complainant |
| with a kiss.… |
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- AGLC
- R v Catanzariti [2020] ACTSC 326
- Case
- [2020] ACTSC 326
- Decision Date
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