R v Penza and DiMaria [2010] NSWSC 16

New South Wales Supreme Court

CITATION : R v Penza and DiMaria [2010] NSWSC 16 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 6,7, 8, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 27, 28, 29, 30, July; 4th September, 23 and 27 November 2009; 21 January, 2010

JUDGMENT DATE : 29 January 2010

JUDGMENT OF : Latham J

Franco Penza - convicted of the murder of Christian Minotte. Sentenced to a non parole period of 13 years to date from 27 July 2007, expiring 26 July 2020, with a balance of term of five years, expiring 26 July 2025. You are eligible for release on 27 July 2020. DECISION : Joshua DiMaria - convicted of the murder of Christian Minotte. Sentenced to a non parole period of 13 years to date from 24 August 2007, expiring 23 August 2020, with a balance of term of five years expiring 23 August 2025. You are eligible for release on 24 August 2020. Pursuant to s 167 of the Criminal Procedure Act 1986 Joshua DiMaria convicted of the following offences and the following sentences imposed:- On each of three counts of Goods in Custody under s 527C(1)(a) of the Crimes Act 1900, I impose a sentence of 3 months imprisonment to date from 24 August 2007. On each of two counts of Use Instrument under s 300(2) of the Crimes Act 1900, I impose a fixed term of 2 years imprisonment to date from 24 August 2007. On one count of Knowingly make a false statement under s 307B of the Crimes Act 1900, I impose a sentence of 9 months imprisonment to date from 24 August 2007.

CATCHWORDS : CRIMINAL LAW - sentence after trial - felony murder - objective gravity assessed below mid range - victim shot at close range in the course of robbery - significant subjective circumstances suggesting that drug addiction was not a matter of personal choice - special circumstances.