District Court
New South Wales
Medium Neutral Citation: R v Traslavina [2020] NSWDC 621 Hearing dates: 2 October 2020 Date of orders: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Criminal Before: Judge Weinstein SC Decision: I sentence the offender to a term of imprisonment of 24 months, less a 10% discount for his plea of guilty, or 21.6 months (or 21.5 months, rounding down), with a non-parole period of 11 months. For orders see [48].
Catchwords: Sentence- reckless wounding with a knife- disputed facts hearing - called the ambulance and then absconded – turned himself in the next day– lack of insight - history of alcohol abuse – full time imprisonment – Intensive Corrections Order not appropriate
Legislation Cited: Crimes Act 1900
Cases Cited: Karout v R [2019] NSWCCA 253
Markarian v The Queen [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120
Category: Sentence Parties: Regina (Crown)
Felipe Alfonso Traslavina (Defence)Representation: Ms K James (Crown)
Mr G Wendler (Defence)
File Number(s): 2018/351374
Judgment
-
The offender Felipe Alfonso Traslavina, born in 1978, is before the court for sentence for one count of reckless wounding, contrary to section 35(4) of the Crimes Act 1900, for which the maximum penalty is 7 years imprisonment and the standard non-parole period is 3 years.
-
There were several disputes about the facts upon which I should sentence the offender which were resolved by me at the hearing. The facts, at sentence, are as follows:-
The victim, Adrian Samuel, and the offender have known each other for a number of years. The victim is a self-employed roof tiler who employed the offender to assist on jobs. At the time of the offence, the offender had been employed by the victim for a few days per week on an ad hoc basis.
Between 8.00 am and 4.00 pm on Tuesday 13 November 2018, the offender had completed a full workday for and with the victim at Leppington without incident.
On returning home the victim assessed his upcoming workload. He then contacted the offender via his mobile phone and advised that he would not be required to work the next day. The offender responded saying 'You stuffed my week up. I had plans to do something with the money.' During the call, the victim offered to transfer two days pay to the offender to assist him.
The offender sent a number of abusive texts to the victim who responded, resulting in a heated text exchange between the two men.
As the victim owed the offender $500.00 in wages for work completed on 12 and 13 November 2018, he arranged to meet the offender to address the issues raised over the telephone and text messages and to pay the offender the money owed.
They agreed to meet at the local shops on Mannix Parade,…
Continue reading R v Traslavina
Sign in free to access the full text
- AGLC
- R v Traslavina [2020] NSWDC 621
- Case
- [2020] NSWDC 621
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the assessment of the appropriate sentence for reckless wounding with a knife, taking into account the defendant's flight from the scene and his history of alcohol abuse, as well as his lack of insight into his actions. The court had to weigh these factors against the need for deterrence and the rehabilitation of the offender. It also needed to decide whether an Intensive Corrections Order would be suitable in this instance.
The court concluded that Traslavina's actions demonstrated a lack of remorse and a flight from responsibility, which were significant aggravating factors. The history of alcohol abuse and lack of insight were also taken into account. The court deemed that full-time imprisonment was necessary, given the seriousness of the offence and the defendant's flight from the scene. An Intensive Corrections Order was deemed inappropriate due to these factors. The court sentenced Traslavina to a term of imprisonment of 24 months, less a 10% discount for his plea of guilty, or 21.6 months (or 21.5 months, rounding down), with a non-parole period of 11 months. The court also made orders for the defendant's supervision and rehabilitation, as detailed in the judgment.
Orders
Orders of the court
I sentence the offender to a term of imprisonment of 24 months, less a 10% discount for his plea of guilty, or 21.6 months (or 21.5 months, rounding down), with a non-parole period of 11 months. For orders see [48].
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.