R v Tsingolas [2022] NSWDC 34

District Court New South Wales

Medium Neutral Citation: R v Tsingolas [2022] NSWDC 34 Hearing dates: 22 September 2021; 10 December 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Criminal Before: Yehia SC DCJ Decision: The offender is convicted. Taking into account a 5% reduction in sentence to reflect the utilitarian value of the plea of guilty, and a period of 4 months' and 3 days' of pre-sentence custody, pursuant to s 7(1) of the Crimes Sentencing Procedure Act 1999 (NSW), the offender is sentenced to a term of imprisonment of 1 year, 7 months and 27 days, to be served by way of an Intensive Correction Order. That sentence will commence today, 21 February 2022. Catchwords: CRIME – reckless wounding SENTENCING – whether an Intensive Correction Order is available – the impact of childhood deprivation and disadvantage – reduction in moral culpability – the use of research into the impact of childhood deprivation and disadvantage, including childhood sexual abuse – the Bugmy Bar Book. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 25A(2), 25D(2), 25C(2), 66 and 71 Crimes Act 1900 (NSW), s 35(4) Cases Cited: Blackman & Walters [2001] NSWCCA 121 Bugmy v The Queen [2013] 249 CLR 571 Fangaloka [2019] NSWCCA 173 Kentwell V R (No 2) [2015] NSWCCA Mandranis v R [2021] NSWCCA 97 Mourtada v R [2021] NSWCCA 211 Perkins v R [2018] NSWCCA 62 R v Gray [2018] NSWCCA 241 R v Pullen [2018] NSWCCA 264 R v Zamagias [2002] NSWCCA 17 The Queen v Osenkowski (1982) 30 SASR 212 Texts Cited: Cashmore, Judy and Rita Shackel, 'The Long-Term Effects of Child Sexual Abuse' (CFCA Paper No. 11, Australian Institute of Family Studies, January 2013) Public Defenders, 'Childhood Sexual Abuse' in The Bugmy Bar Book Project (November 2019) Royal Commission into Institutional Responses to Child Sexual Abuse (Final Report , December 2017) Category: Principal judgment Parties: Anthony Tsingolas (Offender) Director of Public Prosecutions (Crown) Representation: Z Khan (Offender) M Reynolds (Crown) File Number(s): 2019/00316124