R v Catanzariti
[2014] ACTSC 77
•8 April 2014
ACT SUPREME COURT
Case Title: | R v CATANZARITI | |
Medium Neutral Citation: | [2014] ACTSC 77 | |
Hearing Date: | 26 March 2014 | |
DecisionDate: | 8 April 2014 | |
Before: | Burns J | |
Decision: | See [16]–[17] | |
Catchwords: | CRIMINAL – SENTENCE – theft – serious example of theft – behaviour in custody poor – poor prospects of rehabilitation | |
Legislation Cited: | Criminal Code 2002 (ACT), s 308 | |
Parties: | The Queen Anthony Catanzariti | |
Representation: - Counsel | Mr M Hunter (Crown) Mr R Livingston (Defence) | |
- Solicitors | ACT Director of Public Prosecutions (Crown) Craig Lynch & Associates (Defence) | |
File Number: | SCC 100 of 2012 | |
R v Anthony CATANZARITI
SENTENCE
Anthony Catanzariti, on 26 February this year, you entered a plea of guilty to an offence of theft (s 308 Criminal Code 2002 (ACT)) on the second day of your trial. You were originally also charged with an offence of robbery.
Your plea of guilty to the offence of theft was accepted in full satisfaction of the indictment by the Crown. The theft involved the theft of items of jewellery valued at approximately $14,150.00. That offence carries a maximum penalty of 10 years’ imprisonment.
In addition, you ask that I take into account an offence of assault which occurred on the 15 October 2011 shortly before the theft offence to which you have entered a plea of guilty.
I will not recite the Statement of Facts which has been tendered in this matter but I accept that the offence was opportunistic and that you were intoxicated at the time that you committed the offence.
I note, however, that the property has not been recovered and you have not provided any information about what became of the property. You would have been entitled to a considerable degree of leniency had you cooperated with the police in attempting to recover the property. However, you are not entitled to leniency on that basis.
Your counsel properly conceded that this is a serious example of theft. I note that you have a lengthy criminal history, although mainly for traffic offences and also for assault.
You have no prior convictions recorded against you for dishonesty. You are not entitled to any significant leniency based upon your previous criminal history.
I note the Victim Impact Statements that were put before the Court. I accept that these offences have caused significant hardship, both emotional and financial to the complainant.
A Pre-Sentence Report was prepared for the purposes of the sentence hearing. You are 24 years old, although you were only 21 at the time of these offences. You had no reported problems in your childhood. Before being remanded in custody in 2012, you resided with your mother and your sister and I understand that it is your current intention to return to reside with your mother when you are able.
You left school at the end of Year 10. You commenced but did not complete an apprenticeship as a bricklayer.
You commenced binge drinking at age 17 and moved on to the use of methylamphetamine when you were 19. You progressed in the use of that substance to dependency until you were remanded in custody. I also note, according to the author of the report that you have also used cannabis and benzodiazepines in the past.
The report indicates that you are of good physical and mental health.
Your behaviour in custody has been reported as poor. The author of the report assesses you as being at high risk of reoffending.
I take into account in sentencing your plea of guilty. Although that plea was not entered at the earliest opportunity, it is understandable that in the context of the charge of theft being connected on the indictment with one of robbery, a plea of not guilty was initially entered to the charge of theft. I will reduce by 20 percent the sentence that I would otherwise have imposed with respect to this matter in order to reflect your plea of guilty.
I note that you have shown some remorse for the theft but you have not shown any particular remorse for the offence of assault. In my opinion, your prospects for rehabilitation at the present time are not high but they may be improved by addressing your drug and alcohol issues.
Yes, would you stand please? I will record a conviction and you are sentenced to two years and four months’ imprisonment commencing on 5 July 2012. In coming to that sentence I have taken into account the matter on the List of Additional Offences.
I set a non-parole period of 19 months commencing on the 5 July 2012 and expiring on the 4 February this year; so that you would now be entitled to apply for parole. Although, I understand that you are being held in custody at the present time on other matters.
I certify that the preceding seventeen (17) numbered paragraphs are a true copy of the Reasons for Sentence herein of his Honour Justice Burns.
Associate:
Date: 19 May 2014
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