R v Imbornone - [2016] NSWDC 305

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Imbornone [2016] NSWDC 305
Hearing dates: 6 May 2016
Date of orders: 06 May 2016
Decision date: 06 May 2016
Jurisdiction: Criminal
Before: Berman SC DCJ
Decision:
The offender is sentenced to an aggregate sentence of imprisonment consisting of a non-parole period of 5½ years and a head sentence of 9 years.
The offender is to make payment by way of compensation to the NRMA in the amount of $4034.18

Catchwords: CRIMINAL LAW – Sentence - Drive while disqualified - Aggravated break enter and commit serious indictable offence - Detain for advantage - In company - Assault occasioning actual bodily harm - Steal from person - Home invasion - Reckless wounding
Legislation Cited: Crimes (Sentencing Procedure) Act
Category: Sentence
Parties: The Crown
Peter Imbornone
Representation:
Counsel:
Ms R Court - Offender
Solicitors:
Director of Public Prosecutions
O'Brien Winter Partners - Offender

File Number(s): 2015/124882

SeNTENCE

HIS HONOUR: The aggregate sentence I am about to impose on Peter Imbornone is a long one. That is due to the seriousness of the offences he has committed, one offence in particular.
There are, in fact, three sets of offences for which I must sentence Mr Imbornone. One is an offence of driving whilst disqualified. That comes before me because he breached a bond a magistrate put him on. He consents to me dealing with that matter.
The second set of offences concerns offences committed on 29 September 2014. One was an offence of aggravated break enter and commit a serious indictable offence. The serious indictable offence is detaining for advantage and the aggravating circumstance is that Mr Imbornone was in company. That carries a maximum penalty of 20 years imprisonment with a standard non-parole period of five years. About the same time he committed another offence on a separate victim. This was an offence of reckless wounding in company. It has a maximum penalty of 10 years with a standard non-parole period of four years.
The third set of offences concern the same victim, a Todd Wrench. The offender pleaded guilty to assault occasioning actual bodily harm and stealing from the person. The first of those carries a maximum penalty of five years imprisonment and the second 14 years imprisonment.
I take into account the maximum penalties and, where appropriate, the standard non-parole periods in determining the appropriate sentences to impose upon the offender. My reasons for not imposing the standard non-parole period in either case appear in these remarks on sentence.
Before detailing what Mr Imbornone did I should note that to the offences carrying standard non-parole periods the offender pleaded guilty at an early opportunity and so the sentence I will announce for those matters is 25 per cent less than they would otherwise have been. To the offences involving Mr Wrench, the offender’s plea of guilty came later. The Crown suggests that the discount should be 10 per cent and Ms Court, who appears for the offender, did…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Imbornone

Details

AGLC: R v Imbornone [2016] NSWDC 305
Case: [2016] NSWDC 305
Decision Date: 06 May 2016

CaseChat Overview and Summary

In the case of R v Imbornone, the appellant faced a range of serious criminal charges including driving while disqualified, aggravated break and enter with intent to commit a serious indictable offence, detaining another person for advantage, assault occasioning actual bodily harm, stealing from the person, home invasion, and reckless wounding. The court was tasked with determining the appropriate sentence for the appellant, who had a history of offending and had pleaded guilty to all charges.

The key legal issues that the court had to address included the appropriate sentencing principles to apply, the degree of culpability and the severity of the offences committed. The court needed to consider the nature and circumstances of the offences, the appellant's criminal history, and any mitigating factors that may be relevant. The court also had to determine whether any of the offences were part of a series of related offences that should be aggregated for sentencing purposes.

In delivering the judgment, the court found that the appellant's offending was of a serious nature and demonstrated a high degree of culpability. The court considered that the offences were part of a series of related offences and should be aggregated for sentencing purposes. The court also noted the appellant's criminal history, which included a number of previous convictions for similar offences. The court found that the appropriate sentence was one of imprisonment, with a non-parole period of 5½ years and a head sentence of 9 years. The court also ordered the appellant to make payment of compensation to the NRMA in the amount of $4034.18.

Orders

Orders of the court

The offender is sentenced to an aggregate sentence of imprisonment consisting of a non-parole period of 5½ years and a head sentence of 9 years.

The offender is to make payment by way of compensation to the NRMA in the amount of $4034.18

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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Medium Neutral Citation:	R v Imbornone [2016] NSWDC 305
Hearing dates:	6 May 2016
Date of orders:	06 May 2016
Decision date:	06 May 2016
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	The offender is sentenced to an aggregate sentence of imprisonment consisting of a non-parole period of 5½ years and a head sentence of 9 years. The offender is to make payment by way of compensation to the NRMA in the amount of $4034.18
Catchwords:	CRIMINAL LAW – Sentence - Drive while disqualified - Aggravated break enter and commit serious indictable offence - Detain for advantage - In company - Assault occasioning actual bodily harm - Steal from person - Home invasion - Reckless wounding
Legislation Cited:	Crimes (Sentencing Procedure) Act
Category:	Sentence
Parties:	The Crown Peter Imbornone
Representation:	Counsel: Ms R Court - Offender Solicitors: Director of Public Prosecutions O'Brien Winter Partners - Offender
File Number(s):	2015/124882