R v Catanzariti

[2014] ACTSC 333

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Catanzariti

Citation:

[2014] ACTSC 333

Hearing Date:

16 October 2014

DecisionDate:

23 October 2014

Before:

Penfold ACJ

Decision:

See [69] to [74] below

Category:

Sentence

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – offender to be sentenced for forcible confinement, assault occasioning actual bodily harm, threat to inflict grievous bodily harm, sexual intercourse without consent and acts of indecency without consent – offences committed in connection with drug debt owed by principal victim to offender – significance of interest in obtaining sexual gratification in assessing seriousness of sexual offences – early pleas of guilty to non-sexual offence charges – later pleas of guilty to four sexual offence charges sought to be withdrawn – pleas rejected after hearing – trial on sexual offence charges began – guilty pleas entered after beginning of trial to three charges, two being less serious than earlier sexual offence charges – parity with co-offender previously sentenced – offender already serving sentence for unrelated offence for which parole period had expired – totality – some concurrency with current sentence – new non-parole period set for total sentence – need for extended period of supervision after release on parole.

Legislation Cited:

Crimes Act 1900 (ACT) ss 24, 31, 34, 54(1), 59

Criminal Code 2002 (ACT) s45A

Parties:

The Queen (Crown)

Anthony Catanzariti (Offender)

Representation:

Counsel

Ms S McMurray (Crown)

Mr R Livingston (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Lynch (Offender)

File Number:

SCC 208 of 2012

Publication Restriction:

Name of victim of sexual offences, and any identifying features.

1. Anthony Catanzariti has pleaded guilty to seven charges, being:

(a)one of forcible confinement;

(b)two of assault occasioning actual bodily harm;

(c)one of threatening to inflict grievous bodily harm;

(d)one of sexual intercourse without consent; and

(e)two representative counts of act of indecency without consent. 

1. The offences all arise under the Crimes Act 1900 (ACT) and carry maximum terms of imprisonment as follows:

(a)for sexual intercourse without consent – 12 years;

(b)for forcible confinement – 10 years;

(c)for the acts of indecency – 7 years; and

(d)for the assault and threat offences – 5 years.

1. The following description of the circumstances of the offences is taken largely from the agreed Statement of Facts. 

1. The complainant in respect of most of the offences, P, had been dealing drugs for Mr Catanzariti and owed him about $2,500.  P had left Canberra for some months but returned intending to pay his debt.  Mr Catanzariti approached him in May 2012 and they agreed on a payment plan under which P would pay in instalments from his Centrelink payments.

1. The forcible confinement offence was initiated when early in July 2012, P agreed to help Mr Catanzariti’s co-offender with a stencil project.  The co-offender picked him up and took him to Mr Catanzariti’s house in Watson.  At the house, Mr Catanzariti ordered P to strip.  Fearing for his safety and believing Mr Catanzariti to have ready access…