R v Kapitano

The case of R v Kapitano involved the applicant, who was sentenced to 12 years imprisonment for three counts of armed robbery and three counts of attempted armed robbery. The applicant had an extensive criminal record, pleaded guilty, and committed the offences while at large. He had two years and two months left to serve on a separate New South Wales sentence after the current sentence. The applicant, a heroin addict who had undergone rehabilitation and assisted others in their rehabilitation, did not commit the offences in company, disguised, or using actual violence. The applicant sought to appeal the sentence, arguing it was manifestly excessive.

The legal issues before the court were whether the sentence imposed was manifestly excessive or inadequate, taking into account the cumulative sentence which would follow it, the mitigating factors in the applicant's favour, and the overall circumstances of the case. The court considered the appropriate sentence for the type of offending by an offender with the applicant's criminal record and mitigating factors.

The court found that, considering the cumulative sentence, the mitigating factors in the applicant's favour, and the overall circumstances, the appropriate sentence would have been 10 years imprisonment. The court held that the 12-year sentence imposed was manifestly excessive. Consequently, the court granted the application for leave to appeal the sentences imposed on counts one to six on the indictment and allowed the appeal to the extent of substituting a sentence of 10 years imprisonment on each of counts one to six for the sentence of 12 years imprisonment.

ORDERS:

1. Application for leave to appeal against sentence granted.
2. Appeal allowed to the extent of substituting a sentence of 10 years imprisonment on each of counts one to six for the sentence of 12 years imprisonment.