Ricciardello v The Queen

Case [2001] WASCA 416


RICCIARDELLO -v- THE QUEEN [2001] WASCA 416



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 416
COURT OF CRIMINAL APPEAL
Case No:CCA:160/200017 JULY & 22 OCTOBER 2001
Coram:MALCOLM CJ
ANDERSON J
EINFELD AJ
19/12/01
22Judgment Part:1 of 1
Result: Leave granted, appeal allowed, total sentence reduced from 19 years 9 months to 16 years 9 months
D
PDF Version
Parties:ANTHONY SERGIO RICCIARDELLO
THE QUEEN

Catchwords:

Criminal law
Judgment and punishment
Sentencing
Sentences of 4 years for robbery with violence, 5 years concurrent for deprivation of liberty (kidnapping) and 7 years 9 months for aggravated burglary cumulative upon sentence already being served
Including sentence previously imposed total sentence of 13 years and 9 months without parole ordered to be served cumulatively upon sentence appellant already serving of 6 years and 22 days for breach of parole
Total sentence of 19 years and 9 months
None of the individual sentences manifestly excessive
Totality principle not taken into account in respect of period of sentence to be served in respect of breach period
Total sentence of 19 years and 9 months should be reduced on account of the totality principle to 16 years and 9 months
Reduction achieved by reduction of sentence for aggravated burglary to 4 years and 9 months

Legislation:

Criminal Code (WA), s 333, s 391, s 393, s 401(2)
Misuse of Drugs Act 1981 (WA), s 6(1)(c), s 33(a)
Offenders Community Corrections Act 1963 (WA), s 8(3), s 38(5), s 38(6), s
44(1),(2)
Sentence Administration Act 1995 (WA) s 92(3), s 93
Sentencing (Consequential Provisions) Act 1995 (WA) s 93(3)

Case References:

Chan (1989) 38 A Crim R 337
Dinsdale v The Queen (2000) 74 ALJR 1538
Hambridge v The Queen [1999] WASCA 50
Jarvis v The Queen (1998) 20 WAR 201
Larsen v The Queen (1989) 44 A Crim R 121
Lowndes v The Queen (1999) 195 CLR 665
Marinovich, Romeo and Ricciardello (1990) 46 A Crim R 282
McLean v The Queen [1999] WASCA 209
Mill v The Queen (1988) 166 CLR 59
Pezzino v The Queen, unreported; CCA SCt of WA; Library No 970308; 17 April 1997
R v Peterson [1984] WAR 329
R v Todd [1982] 2 NSWLR 517
Ricciardello v The Queen, unreported; CCA SCt of WA; Library No 980524; 14 September 1998
Thompson v The Queen (1992) 8 WAR 387

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : RICCIARDELLO -v- THE QUEEN [2001] WASCA 416 CORAM : MALCOLM CJ
    ANDERSON J
    EINFELD AJ
HEARD : 17 JULY & 22 OCTOBER 2001 DELIVERED : 19 DECEMBER 2001 FILE NO/S : CCA 160 of 2000 BETWEEN : ANTHONY SERGIO RICCIARDELLO
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Judgment and punishment - Sentencing - Sentences of 4 years for robbery with violence, 5 years concurrent for deprivation of liberty (kidnapping) and 7 years 9 months for aggravated burglary cumulative…

Continue reading Ricciardello v The Queen

Sign in free to access the full text

Details
AGLC
Ricciardello v The Queen [2001] WASCA 416
Case
[2001] WASCA 416
Decision Date

CaseChat Overview and Summary

The appellant, Ricciardello, was convicted of various criminal offences and sentenced to a cumulative total of 19 years and 9 months imprisonment. The case was appealed to the court on the basis that the total sentence was manifestly excessive. The central issue before the court was whether the overall sentence imposed was disproportionate when considering the principle of totality, which dictates that a sentence should not be so excessive as to be unjust.

The court considered whether each individual sentence was within the appropriate range, and found that they were not manifestly excessive. However, the court noted that the principle of totality had not been adequately considered when calculating the period of the sentence for the breach of parole. This principle requires the court to consider the entire sentence to be served, rather than each individual sentence in isolation. The court determined that the total sentence of 19 years and 9 months should be reduced on account of the totality principle, leading to a revised total sentence of 16 years and 9 months. This reduction was achieved by decreasing the sentence for aggravated burglary to 4 years and 9 months.

The court granted leave to appeal and allowed the appeal, reducing the total sentence from 19 years and 9 months to 16 years and 9 months. The court ordered that the total sentence be reduced to reflect the appropriate application of the totality principle.

Orders

Orders of the court

Leave granted, appeal allowed, total sentence reduced from 19 years 9 months to 16 years 9 months

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.