NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Fornaciari [2024] NSWDC 198 Hearing dates: 26 March 2024 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 4 years 6 months with a non-parole period of 3 years 1 month Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIME — Violent offences — Reckless wounding CRIME — Violent offences — Intimidation SENTENCING — Aggravating factors — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty — 5% reduction SENTENCING — Penalties — Imprisonment SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addiction — Mental health disorder — Post-traumatic stress disorder — Deprived childhood — Trauma during childhood SENTENCING — Relevant factors on sentence — Objective seriousness — Deterrence — Specific deterrence — Purposes of sentencing — Protective custody Legislation Cited: Crimes Act 1900 (NSW) Domestic and Personal Violence Act 2007 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Texts Cited: B Dylan, "Absolutely Sweet Marie" Blonde on Blonde (1966) Category: Sentence Parties: Troy Fornaciari (the offender) Public Prosecutions (NSW) (Crown) Representation: Counsel: S Fraser (for the offender) C Todd (for the Crown)
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