Vinaisi v R [2021] NSWCCA 134

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vinaisi v R [2021] NSWCCA 134 Hearing dates: 23 June 2021 Date of orders: 23 June 2021 Decision date: 23 June 2021 Before: Payne JA, Price J, Wright J Decision: (1) Leave to appeal against sentence granted; (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – where applicant has spent short amounts of time in community between periods in custody – whether sentencing judge erred in not sufficiently taking into account pattern of recidivism Legislation Cited: Crimes Act 1900 (NSW), ss 111(2), 148, 192E(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A(d) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Elshaimy v R [2018] NSWCCA 169 Category: Principal judgment Parties: Jake Vinaisi (Applicant) Crown (Respondent) Representation: Counsel: P Segal (Applicant) S Traynor (Crown)

Solicitors: Criminal & Traffic Law (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2018/392993 Publication restriction: Nil. Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 21 May 2020 Before: Judge Noman SC File Number(s): 2018/392993