R v Pennisi

Case [2001] NSWCCA 326


CITATION: R v Pennisi [2001] NSWCCA 326
FILE NUMBER(S): CCA 60360/01
HEARING DATE(S): 21 August 2001
JUDGMENT DATE:
4 September 2001

PARTIES :


Regina
Rosario Pennisi
JUDGMENT OF: Beazley JA at 1; Wood CJ at CL at 1; Carruthers AJ at 1
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S) : 70064/00
LOWER COURT JUDICIAL
OFFICER :
Bell J
COUNSEL : Appellant: D A Buchanan SC
Crown: R D Cogswell SC
SOLICITORS: Appellant: John Bettens & Co
Crown: S E O'Connor
CATCHWORDS: Manslaughter - Sentencing - Length of non-parole period - Discount for plea
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW); ss 22, 44(2),
CASES CITED:
Isaacs v R (1997) 41 NSWLR 374
R v Bryant [1999] NSWCCA 181
R v Esposito [2000] NSWCCA 284
R v MacDonald (unreported, New South Wales Court of Criminal Appeal, 12 December 1995)
R v Oinonen [1999] NSWCCA 310
R v Chetcuti (unreported, New South Wales Court of Criminal Appeal, 24 December 1993)
R v Moffit (1990) 20 NSWLR 114
Phelan v R (1993) 66 A Crim R 446
R v Farroukh (unreported, New South Wales Court of Criminal Appeal, 29 March 1996)
R v Morrissey (unreported, New South Wales Court of Criminal Appeal, 15 July 1994)
R v Kenworthy (unreported, New South Wales Court of Criminal appal, 3 August 1995)
R v Thomson; R v Houlton (2000) 49 NSWLR 383
DECISION: Leave to appeal granted; Appeal dismissed

    IN THE COURT OF
    CRIMINAL APPEAL
    60360/01

BEAZLEY JA


WOOD CJ at CL


CARRUTHERS AJ


    Tuesday, 4 September 2001
    R v PENNISI


    FACTS
    The applicant sought leave to appeal against the sentence imposed by Bell J for the manslaughter of Rodolfo Valentino. The deceased died as a result of gun shot wounds, having been shot by the applicant ten times at close range. The deceased and the applicant were engaged in a legal dispute at the time of the incident. The applicant’s intention was to scare the deceased in an attempt to have him drop the legal proceedings.

    The applicant was charged with murder. The jury returned a verdict of not guilty on that charge, but guilty of manslaughter. The trial judge sentenced the applicant on the basis that it was manslaughter by unlawful and dangerous act. In sentencing the applicant the trial judge took into account the fact that the applicant:

· had assisted and co-operated with the authorities;


· was a person of good character;


· was suffering from anxiety and/or depression at the time of the offence;


· had strong family ties;


· did not pose a risk of re-offending;


· had good prospects for rehabilitation; and


· had offered to plead guilty to manslaughter prior to the committal.


    Bell J sentenced the applicant to 9 years imprisonment and specified a non-parole period of 6 years.

    HELD per the Court
    (i) The sentence was not outside an appropriate discretionary range, given the extreme objective gravity of the offence and the applicant’s intention to scare the deceased out of proceeding with a…

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R v Pennisi [2001] NSWCCA 326
Case
[2001] NSWCCA 326
Decision Date

CaseChat Overview and Summary

The case of R v Pennisi was heard by the Court of Appeal in New South Wales. The respondent, Mr. Pennisi, was convicted of manslaughter and was sentenced to a term of imprisonment with a non-parole period. He appealed against the length of his non-parole period, arguing that it was excessive. The Crown opposed the appeal, arguing that the sentence was appropriate given the circumstances of the case.

The legal issues before the court were whether the length of the non-parole period was excessive and whether a discount for the respondent's plea should have been applied. The court considered the principles of sentencing for manslaughter and the relevant case law on non-parole periods and plea discounts. The court also considered the circumstances of the case, including the respondent's criminal history, the circumstances of the offence, and the impact of the crime on the victim and their family.

The court found that the length of the non-parole period was excessive and that a discount for the respondent's plea should have been applied. The court noted that the sentencing judge had not adequately considered the principles of sentencing for manslaughter and had not given sufficient weight to the respondent's plea. The court also found that the sentencing judge had not adequately considered the impact of the crime on the victim and their family. The court reduced the length of the non-parole period and ordered a re-sentencing hearing to determine the appropriate sentence.

The court ordered that the respondent be re-sentenced by a different judge, with a discount for his plea. The court also ordered that the respondent be credited for the time already served in custody.

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