R v Stefanato [2023] NSWSC 73

Supreme Court New South Wales

Medium Neutral Citation: R v Stefanato [2023] NSWSC 73 Hearing dates: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Common Law Before: R A Hulme AJ Decision: Sentenced to imprisonment for 18 years and 2 months with a non-parole period of 13 years and 7 months. Catchwords: CRIME – sentence – murder – intent to kill – defenceless deceased shot with rifle at close range to the head – senseless and brutal – offender aged 75 – no significant record – good character – genuinely remorseful – reductions for plea of guilty and assistance Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 R v Ceniccola [2011] NSWSC 302 Category: Principal judgment Parties: Rex (Crown) Vittorio Stefanato (Offender) Representation: Counsel: B Costello (Crown) N Broadbent (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 296098/2021 Publication restriction: Nil

JUDGMENT 1. Vittorio Stefanato has pleaded guilty to the murder of Christine Neilan at Lightning Ridge on or about 8 January 2020. He has also pleaded guilty to a related summary offence of possessing a .22 calibre rifle without a licence or permit at Lightning Ridge on 15 October 2021. 2. Murder is a crime punishable by life imprisonment. There is also a standard non-parole period of 20 years. The rifle possession offence has a maximum penalty of imprisonment for 5 years but because it came to this Court as a related summary offence the sentence may not exceed 2 years.