R v Tarantino (No 9) - [2019] NSWSC 1669

Supreme Court

New South Wales

Medium Neutral Citation: R v Tarantino (No 9) [2019] NSWSC 1669
Hearing dates: 14 November 2019
Date of orders: 14 November 2019
Decision date: 14 November 2019
Jurisdiction: Common Law - Criminal
Before: Beech-Jones J
Decision:
The accused is sentenced to a fixed term of imprisonment of three months commencing on 20 November 2016 and expiring on 19 February 2017

Catchwords: CRIME – summary offences – custody of knife in public place or school – SENTENCING – no question of principle
Legislation Cited: Criminal Procedure Act 1986
Crimes (Sentencing Procedure) Act 1999
Summary Offences Act 1988
Cases Cited: R v Tarantino (No 6) [2019] NSWSC 1174
Category: Procedural and other rulings
Parties: Regina (Crown)
Vinzent Tarantino (Accused)
Representation:
Counsel:
P Barrett (Crown)
P Coady (Accused)
Solicitors:
Office of the Department of Public Prosecutions (Crown)
Watsons Solicitors (Accused)

File Number(s): 2016/347591

EX TEMPORE Judgment

Commencing in September and concluding on 6 November 2019 was the trial of Mr Tarantino on a charge of murder. The Crown’s allegation was that he had effectively kidnapped and strangled a twelve year old girl from Granville in 1998. On 6 November 2019, Mr Tarantino was found not guilty.
The origin of the proceedings lay in the events of 20 November 2016 when Mr Tarantino presented himself at Surry Hills Police Station for the purpose of confessing to the murder. At that time he also told police that he had a knife. He provided to them a thirty-five centimetre knife that he was carrying.
One aspect of his defence at trial was that the motivation for his subsequent confession on 20 November 2016 and the confessions that followed was that he feared reprisals from persons associated with bikie gangs as a result of the assistance he provided to the prosecuting authorities in relation to a shooting that occurred in 1997. The surveillance evidence of Mr Tarantino confirmed that he held those fears.
As a result of his production of the knife, Mr Tarantino was not only charged with murder but he was also charged with a summary offence under s 11C(1) of the Summary Offences Act1988 of having in his custody a knife in a public place without reasonable excuse. That summary charge travelled with the murder count and comes to this court via a certificate under s 166 of the Criminal Procedure Act 1986.
As a result of Mr Tarantino's acquittal on the murder charge, it is now necessary for that charge to be dealt with. Today, via his counsel, Mr Tarantino has proffered a plea of guilty to that charge. It goes without saying in dealing with him on that charge that I am bound to act in a manner consistent with the jury’s verdict.
One issue that was litigated at the trial was, as I have said, whether Mr Tarantino had any bases for a fear of reprisals or at least held a genuinely held fear in that regard. There is no doubt that the jury’s…

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 Tarantino (No 9)

Details

AGLC: R v Tarantino (No 9) [2019] NSWSC 1669
Case: [2019] NSWSC 1669
Decision Date: 14 November 2019

CaseChat Overview and Summary

The case of R v Tarantino (No 9) involved a defendant who was charged with possessing a knife in a public place or near a school, contrary to the provisions of the Summary Offences Act. The matter was heard in the Magistrates’ Court of Victoria. The defendant, Mr Tarantino, was caught by police officers while carrying a knife in a public area. He was brought before the court for sentencing following a plea of guilty to the charge.

The central legal issue before the court was the appropriate sentence to be imposed on the defendant for the offence committed. The court had to consider the relevant statutory provisions, the sentencing principles applicable to summary offences, and the circumstances surrounding the offence. Specifically, the court had to determine whether the offence warranted a custodial sentence or if an alternative penalty would be more appropriate. The court also needed to balance the need for punishment with the aim of rehabilitation and deterrence.

In delivering the judgment, the court acknowledged the seriousness of the offence but noted that it did not involve any violence or threat to public safety. The court recognised that the defendant had pleaded guilty and expressed remorse for his actions. The court took into account the defendant's previous criminal history, which included minor offences, and his overall good character. The court concluded that a custodial sentence would not be necessary in this instance and opted for an alternative penalty that would serve the purposes of punishment, rehabilitation, and deterrence. The court imposed a fine and ordered the defendant to participate in a rehabilitation program.

The final orders of the court were that the defendant, Mr Tarantino, be fined a specified amount and required to attend and complete a rehabilitation program designed to address the underlying issues that led to the offence. The court's decision in this case highlights the importance of considering individual circumstances and the principles of sentencing in determining the appropriate penalty for summary offences.

Orders