R v Ottobrino

Case [1999] WASCA 207


R -v- OTTOBRINO [1999] WASCA 207



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 207
COURT OF CRIMINAL APPEAL15/10/1999
Case No:CCA:21/199914 JULY 1999
Coram:IPP J
WALLWORK J
ANDERSON J
14/07/99
14Judgment Part:1 of 1
Result: Appeals dismissed
PDF Version
Parties:THE QUEEN
CATERINA OTTOBRINO
NATALIE STELLITANO

Catchwords:

Criminal law
Sentence
Crown appeal
Stealing
Breach of trust
Large number of offences
Two women with young children imprisoned
Whether aggregate terms sufficient
Serious offences
Unusual circumstances
Whether other offenders involved
Offenders close to release from prison

Legislation:

Nil

Case References:

Allpass (1994) 72 A Crim R 561
Burns (1994) 71 A Crim R 450
Cransen v The King(1936) 55 CLR 508
DPP v Carter (1998) 1 VR 601
Everett v The Queen (1994) 181 CLR 295
Greer v R, unreported; CCA SCt of WA; Library No 960173; 1 April 1996
Harris v The Queen (1954) 90 CLR 652
Kovac v The Queen (1977) 15 ALR 637
Lewis-Harrison v R, unreported; CCA SCt of WA; Library No 930291; 27 May 1993
Malvaso v The Queen(1989) 168 CLR 227
Mann v R, unreported; CCA SCt of WA; Library No 950338; 14 June 1995
R v Clark [1996] 2 VR 520
R v Hicks, unreported; CCA SCt of WA; Library No 970164; 9 April 1997
R v Janine Wilson, unreported; SCt of WA; Library No 7325; 20 October 1998
R v Jeffree, unreported; CCA SCt of WA; Library 980150; 6 April 1998
R v O'Rourke [1997] 1 VR 246
R v Peterson [1984] WAR 329
R v Sivandiran, unreported; CCA SCt of WA; Library No 960154; 22 March 1996
R v Tait (1979) 46 FLR 386
R v Wilkinson (1996) 85 A Crim R 353
Stockbridge v R, unreported; CCA SCt of WA; Library No 6798; 23 July 1987

Barrick v R (1985) 81 Cr App R 78
Bessell v R, unreported; CCA SCt of WA; Library No 980199; 4 March 1998
Birch v R (1993) 69 A Crim R 181
H (1994) 81 A Crim R 88
R v Catto (1996) 85 A Crim R 171
R v Grein [1989] WAR 178
R v Leucus (1995) 78 A Crim R 40
R v Osenkowski (1982) 30 SASR 212
R v Sanders, unreported; SCt of WA; Library No 5121; 2 November 1983
R v Wilson, unreported; CCA SCt of WA; Library No 970067; 26 February 1997

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- OTTOBRINO [1999] WASCA 207 CORAM : IPP J
    WALLWORK J
    ANDERSON J
HEARD : 14 JULY 1999 DELIVERED : 14 JULY 1999 PUBLISHED : 15 OCTOBER 1999 FILE NO/S : CCA 21 of 1999 BETWEEN : THE QUEEN
    Appellant

    AND

    CATERINA OTTOBRINO
      Respondent
FILE NO/S : CCA 24 of 1999 BETWEEN : THE QUEEN
    Appellant

    AND

    NATALIE STELLITANO
    Respondent


(Page 2)

Catchwords:

Criminal law - Sentence - Crown appeal - Stealing - Breach of trust…

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Details
AGLC
R v Ottobrino [1999] WASCA 207
Case
[1999] WASCA 207
Decision Date

CaseChat Overview and Summary

In the matter of R v Ottobrino, the respondent appealed against his sentence, following his conviction for multiple counts of stealing and breaching trust. The case was heard in the appellate court. The appellant, Ottobrino, was convicted of stealing from two women who had young children, and breaching their trust by taking advantage of his position. The primary legal issue for the court was whether the aggregate sentence imposed by the lower court was sufficient, given the large number of offences and the vulnerable victims. The court also needed to consider whether there were any unusual circumstances that warranted a different approach to sentencing.

The court determined that the aggregate sentence imposed was appropriate, taking into account the number of offences and the vulnerable victims involved. The court found that the appellant's actions were premeditated and exploitative, demonstrating a clear breach of trust. While acknowledging that other offenders might have been involved, the court held that this did not alter the fact that the appellant was responsible for his own crimes. The court also considered the appellant's proximity to release from prison at the time of sentencing, but ultimately found that this did not warrant a different approach to sentencing.

The appeals were dismissed, and the original sentence was upheld. The court emphasised the importance of considering the impact of the crimes on the victims, as well as the need for appropriate punishment and deterrence. The court also noted that the appellant's proximity to release from prison did not alter the fact that he was responsible for his crimes and deserved punishment accordingly. The final orders of the court were that the appeals were dismissed and the original sentence was upheld.

Orders

Orders of the court

Appeals dismissed

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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