R v Shane Carusi - [2014] NSWDC 191

District Court

New South Wales

Medium Neutral Citation: R v Shane Carusi [2014] NSWDC 191
Hearing dates: 2 October 2014
Decision date: 07 November 2014
Before: Mahony SC DCJ
Decision:
Full time custodial sentence. For Orders see [49]

Catchwords: Armed Robbery with a dangerous weapon; application of guideline judgment
Legislation Cited: Crimes Act 1900
Cases Cited: Hart v R [2013] NSWCCA 13
Pearce v R 1998 194 CLR 610
R v Henry (1999) 46 NSWLR 346
R v Sydney [2004] NSWCCA 63
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Shane Carusi (Offender)
Representation: S Velcic (Crown)
S Singh-Panwar (Offender)

File Number(s): 13/228166
Publication restriction: Nil

remarks on sentence

The offender has pleaded guilty to one offence of robbery armed with a dangerous weapon pursuant to s 97(2) of the Crimes Act 1900. The maximum penalty for the offence is 25 years imprisonment.

The sentence hearing took place at the Parramatta District Court on 2 October 2014. The Crown bundle (exhibit A) included a statement of facts which were not in dispute, together with a criminal history and custodial history of the offender. The Crown also tendered a presentence report under the hand of Simon West dated 1 October 2014 (exhibit B).

The offender gave evidence, as did his former employer, Mr Giovanni Angeloni. In addition, the offender tendered a letter from the Salvation Army dated 22 August 2013 in respect of his suitability for admission into its Bridge program in respect of drug and alcohol rehabilitation.

Circumstances of the Offending

A summary of the facts is that the offender attended the BP service station at 40 Sherwood Road Merrylands just after midnight on 25 July 2013. He was wearing a blue hooded jumper with the hood pulled up and his face was partially covered by what looked like a black scarf. The service station attendant refused him admission and indicated for him to uncover his face. The offender removed the face covering and he was allowed entry into the premises while the attendant returned to his position behind the console. Having entered the premises, the offender re-covered his face. As he approached the main counter the attendant had his back to the offender. The offender told the attendant to give him all the money he had and the attendant froze in fear. At that point, the offender removed a single barrel shortened shotgun from under his jumper and pointed it at the victim, again demanding all the money. The sum of $170 was handed over to the offender who then ran from the store. The robbery was captured on CCTV and the offender was identified the same day and arrested on the following day, 26 July 2013, at his workplace. During his ERISP interview the offender claimed he did not remember committing the robbery as he was affected by drugs and alcohol, but admitted that it was him shown in the CCTV footage. He also told the police that they could find the shotgun on his bed at…

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 Shane Carusi

Details

AGLC: R v Shane Carusi [2014] NSWDC 191
Case: [2014] NSWDC 191
Decision Date: 07 November 2014

CaseChat Overview and Summary

The case before the court involved a charge against Shane Carusi, who was accused of armed robbery with a dangerous weapon. The matter was heard in the Supreme Court of Victoria. The defendant, Carusi, was alleged to have participated in a robbery where a weapon was used, escalating the severity of the crime. This incident led to his prosecution on charges of armed robbery, and the court had to determine his punishment.

The central legal issues before the court were the appropriate sentence to impose on Carusi, taking into account the gravity of the crime and the applicable sentencing principles. The court needed to assess the aggravating factors present in this case, such as the use of a dangerous weapon, and the need for general and specific deterrence. Additionally, the court had to consider the guidelines provided by previous judgments to ensure that the sentence was proportionate and aligned with legal standards.

In delivering the judgment, the court meticulously evaluated the circumstances of the crime and the defendant's background. The judge noted the serious nature of armed robbery and the particular danger posed by the use of a weapon. The court referred to relevant precedents to guide its decision-making process, ensuring that the sentence would serve the interests of justice by deterring the defendant and others from engaging in similar criminal conduct. Ultimately, the court decided on a full-time custodial sentence, reflecting the severity of the offence and the need for adequate punishment and deterrence.

The final orders of the court mandated that Carusi be subject to a full-time custodial sentence, with the specific details of the sentence and any associated conditions to be found in the judgment at paragraph [49].

Orders

Orders of the court

Full time custodial sentence. For Orders see [49]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Shane Carusi [2014] NSWDC 191
Hearing dates:	2 October 2014
Decision date:	07 November 2014
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. For Orders see [49]
Catchwords:	Armed Robbery with a dangerous weapon; application of guideline judgment
Legislation Cited:	Crimes Act 1900
Cases Cited:	Hart v R [2013] NSWCCA 13 Pearce v R 1998 194 CLR 610 R v Henry (1999) 46 NSWLR 346 R v Sydney [2004] NSWCCA 63
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Shane Carusi (Offender)
Representation:	S Velcic (Crown) S Singh-Panwar (Offender)
File Number(s):	13/228166
Publication restriction:	Nil