R v Vitagliano; R v Foskolos [2020] NSWDC 305

District Court New South Wales

Medium Neutral Citation: R v Vitagliano; R v Foskolos [2020] NSWDC 305 Hearing dates: 10 – 24 September 2019 (Trial)26 September 2020 (Detention Application Hearing)21 February 2020 (Sentence Hearing)21 May 2020 (Sentence Hearing)5 June 2020 (Sentence Hearing) Date of orders: 05 June 2020 Decision date: 05 June 2020 Jurisdiction: Criminal Before: Weber SC DCJ Decision: Vitagliano: (1) The offender is sentenced to a term of imprisonment of 3 years, with a non-parole period of 1 year and 6 months. (2) Pursuant to the provisions of section 47 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that such a term of imprisonment shall commence on 8 August 2019 and that the non-parole period shall expire on 7 February 2021, with the balance to expire on 7 August 2022.

Foskolos: (1) The offender is sentenced to a term of imprisonment of 3 years, with a non-parole period of 1 year and 6 months. (2) Pursuant to the provisions of section 47 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that such a term of imprisonment shall commence on 12 September 2019 and that the non-parole period shall expire on 11 March 2021 with the balance to expire on 11 September 2022. Catchwords: CRIME — Complicity — Accessory before the fact — Violent offences — Wound with intent to cause grievous bodily harm — Where the offenders organised for the victim to be "jumped" after being lured from his home

SENTENCING — Relevant factors on sentence — Co-offenders — Joint sentence proceedings — Objective seriousness — Parity