NSW Caselaw
New South Wales Supreme Court
CITATION : REGINA v MASSEI [2006] NSWSC 1298
HEARING DATE(S) : 4/9/2006, 2/11/2006
JUDGMENT DATE : 2 November 2006
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 11/02/2006
DECISION : The offender is sentenced to a non-parole period of 2 years 9 months and 14 days commencing 30 September 2002 and ending 13 July 2005. The balance of the term is 2 years 8 months and 16 days making an overall sentence of 5 years and 6 months.
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 S11
Regina
PARTIES : v
Marcelo Dario MASSEI
FILE NUMBER(S) : SC 70079/2003
COUNSEL : Mr J Kiely SC - Crown Mr W Terracini SC - Offender
SOLICITORS : I V Knight - Crown S C Kavanagh - Offender
Ex tempore - checked
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ADAMS J
THURSDAY 2 NOVEMBER 2006
2003/97 - Regina v Marcelo Dario MASSEI
CRIMINAL LIST
SENTENCE
1 HIS HONOUR: On 2 September 2005 I made orders under s11 of the Crimes (Sentencing Procedure) Act 1999 and deferred sentencing the offender for the purpose of continuing to assess his capacity and prospects for rehabilitation in the community and to enable him to demonstrate that the rehabilitation which has so far taken place will continue into the future. 2 When this matter came before me on 4 September 2006 there was persuasive evidence that the offender had indeed demonstrated that the marked improvement in his psychiatric state, to which I referred in my judgment of 2 September 2005, had continued. However, I indicated on that occasion that I wished to have up-to-date psychiatric reports on his condition to confirm this view. I have now been supplied with reports on behalf of the Crown, by Dr Stephen Allnutt, and on behalf of the offender, by Dr Bruce Westmore. They are, I think, substantially to the same effect for present purposes. Merely because his opinion is expressed in somewhat greater detail than that of Dr Westmore, it is sufficient to set out Dr Allnutt's conclusions.
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