RICCIARDELLO -v- THE QUEEN [2001] WASCA 416
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 416 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:160/2000 | 17 JULY & 22 OCTOBER 2001 | |
| Coram: | MALCOLM CJ ANDERSON J EINFELD AJ | 19/12/01 | |
| 22 | Judgment 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
- 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…
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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.
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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