R v Victor David GERARDA aka Vincent TARANTINO [2007] NSWDC 148

New South Wales District Court

CITATION: R v Victor David GERARDA aka Vincent TARANTINO [2007] NSWDC 148

HEARING DATE(S): 7th June 2007

JUDGMENT DATE: 7 June 2007

EX TEMPORE JUDGMENT DATE : 7 June 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [36] - [45]

CATCHWORDS: Criminal Law - Sentence - Forms 1 - Maliciously inflict grievous bodily harm - Prohibited weapon - Maliciously damage property by means of fire - Prevent lawful apprehension - Risk to the community - Breach of bail - Breach of apprehended violence order - Assistance to authorities

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Paris [2001] NSWCCA 83

PARTIES: Crown Vincent Tarantino

FILE NUMBER(S): 06/11/0859; 07/11/0148

COUNSEL: S Flood (Offender)

SOLICITORS: NSW DPP Heenan & Co

SENTENCE

1 HIS HONOUR: Vincent Tarantino appears for sentence today, having pleaded guilty, on an earlier occasion, to a number of offences contained on two indictments. The two indictments relate to separate episodes of criminality, I will deal with them in turn.

2 The first indictment has on it offences of maliciously inflicting grievous bodily harm, using an offensive instrument with intent to prevent lawful apprehension and possessing a prohibited weapon. When I sentence him for the second of those matters, he asks that I take into account three other matters, malicious damage to a petrol pump hose and two offences of assaulting police. These offences all arose in the following way.

3 The offender had been in a relationship with a woman by the name of Kerry Urlich. For reasons that I will discuss in more detail later, the offender had not told her the entirety of his earlier life, and in particular had neglected to tell her of a very important matter.