R v Martino

[2023] NSWDC 308

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v MARTINO [2023] NSWDC 308

Hearing dates:

11 August 2023

Decision date:

11 August 2023

Jurisdiction:

Criminal

Before:

Noman SC DCJ

Decision:

The offender is convicted. The sentence is backdated by 2 months to reflect the time solely in custody and a further 2 months in applying totality with the current sentence. This will be back-dated from 21 September 2023, the current non-parole period. The sentence, reduced by 10% to acknowledge the plea, and taking into account the offence on the form 1 is 2 years and 9 months imprisonment with a non-parole period of 1 year and 8 months to date from 21 May 2023. The non-parole period expires on 20 January 2025 and the term expires on 20 February 2026.

This variation to the statutory ratio to 60% gives effect to a finding of special circumstances. By accumulating this sentence on the existent sentence the overall sentence is one of 3 years and 2 months with an overall non-parole period of 2 years and 1 month. This is an overall ratio of 65%.

Catchwords:

SENTENCING — Relevant factors on sentence — Deterrence — General deterrence – risk of re-offending – limited genuine remorse – totality – serving sentence for similar unrelated offences – special circumstances

Legislation Cited:

S192E(1)(b) Crimes Act 1900 (NSW)

Category:

Sentence

Parties:

Rex;
Antonio Domenico Martino

Representation:

Solicitors:
Crown: J Menzies
Offender: Self-represented

File Number(s):

2018/241801

JUDGMENT

1. The offender, Antonio Martino aka Domenico Martino, appears for sentence on one offence of dishonestly obtaining a benefit by deception contrary to s.192E(1)(b) Crimes Act. This relates to obtaining $50,000. The maximum penalty is 10 years imprisonment.

2. The maximum penalty operates as a legislative guidepost and represents the legislature’s assessment of the seriousness of the offence.

3. When sentencing on this offence, the offender asks that I take into account another offence under the same offence provision, this relating to obtaining $8005.37 from the same victim. I consider it appropriate that I take this further matter into account and I do so in accordance with the principles set out in the guideline judgment.

4. The offender entered a plea in this Court after the matter was listed for trial although the trial date was vacated. He is entitled to a reduction of 10% to his sentence to recognise the timing of the plea. The Crown case was undoubtedly strong, and this plea does not of itself denote remorse.

5. There are agreed facts signed by the offender. I have read the full facts and recite only part. I note that there were agreed facts filed with the registry. They were signed by both parties and accepted as agreed. Somewhat inexplicably the Crown agreed to retract a number of aspects of the agreed facts addressing the description of the identification documents. I disregard those aspects now withdrawn.

6. The facts of the offence for sentence, and that on the form 1, are obliquely factually related to subsequent conduct for which the offender…