District Court
New South Wales
Medium Neutral Citation: R v Delinicolis & Dellosa [2021] NSWDC 684 Hearing dates: 10 December 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Criminal Before: Berman SC ADCJ Decision: Delinicolis – Convicted - sentenced to imprisonment for a period of 2 years. Order that sentence to be served by means of an Intensive Corrections Order with offender to perform 400 hours of community service
Dellosa – Convicted - sentenced to be subject of a Community Corrections Order with offender to perform 300 hours of community service
Catchwords: CRIMINAL LAW – Sentence – Misconduct in a public office – Misuse of positions – Using position as police officers to pick up women for sexual purposes – Breach of trust – Damage to Police Force reputation - Not isolated offending - Parity
Cases Cited: Blackstock v R [2013] NSWCCA 172
R v Obeid (No12) [2016] NSWSC 1815
Category: Sentence Parties: The Crown
James Delinicolis - Offender
Angelo Franco Dellosa- OffenderRepresentation: Counsel:
Solicitors:
K Prince – Crown
P Strickland SC – Offender Delinicolis
M Cunneen SC – Offender Dellosa
Director of Public Prosecutions – Crown
Bilias & Associates – Offender Delinicolis
Longton Legal – Offender Dellosa
File Number(s): 2020/228067 & 2020/228071 Publication restriction: There is to be no publication of the name of the complainant or of any material which may tend to identify the complainant
Judgment
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The two offenders appearing for sentence today, James Delinicolis and Angelo Dellosa have each pleaded guilty to the common law offence of Misconduct in Public Office.
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That offence is committed when public officials, in the course of or in relation to their public office, wilfully and intentionally culpably misconduct themselves. In the present case the two offenders were police officers who admit that they culpably misconducted themselves by misusing their positions as police officers to meet and then have consensual sexual intercourse with women, in particular a schoolgirl who I will call Violet, although that is of course a pseudonym.
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Misconduct for that purpose is unusual. This makes other cases where sentences have been imposed for this offence of less assistance. Nor is there an analogous statutory offence which would, if it existed, have a maximum penalty which would help in determining the sentence to impose in the present case. Further adding to the difficult nature of this sentencing exercise is the circumstance that some of the conduct of the two officers which many people would find distasteful, occurred as part of consensual sexual activity between Violet and the two offenders. The statement of facts tendered by the Crown had explicit details of who did what to whom during the consensual sexual encounter. These details are unnecessary, because it must be recognised that Violet, who was 17 years old, was perfectly capable of consenting to the sexual activity which took place. There was nothing illegal in what occurred. I will return to this topic later.
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I also have to recognise that while the focus of…
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- Case
- [2021] NSWDC 684
- Decision Date
CaseChat Overview and Summary
The court emphasised the significant breach of trust inherent in the respondents' actions, noting that their misuse of their positions for personal sexual gratification was a serious affront to public confidence in law enforcement. The court also highlighted the respondents' repeated offending and the resultant damage to the reputation of the police force. In assessing the appropriate sentence, the court balanced the need for punishment with the objective of rehabilitation, taking into account the respondents' backgrounds and the potential for reform. The court concluded that while custodial sentences were warranted, the offenders could be effectively managed through structured community-based orders that also served the public interest by requiring them to perform community service.
The court sentenced Delinicolis to a two-year imprisonment term, to be served through an Intensive Corrections Order, which included 400 hours of community service. Dellosa was sentenced to a Community Corrections Order with 300 hours of community service. This approach was deemed suitable for ensuring both the punishment and rehabilitation of the offenders while addressing the broader implications of their misconduct. The court's decision underscored the importance of maintaining public trust in law enforcement by holding officers accountable for serious breaches of conduct.
Orders
Orders of the court
Delinicolis – Convicted - sentenced to imprisonment for a period of 2 years. Order that sentence to be served by means of an Intensive Corrections Order with offender to perform 400 hours of community service
Dellosa – Convicted - sentenced to be subject of a Community Corrections Order with offender to perform 300 hours of community service
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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