R v MAZZITELLI [2011] NSWDC 129

District Court New South Wales

Medium Neutral Citation: R v MAZZITELLI [2011] NSWDC 129 Hearing dates: 11/08/2011 Decision date: 19 August 2011 Jurisdiction: Criminal Before: Tupman DCJ Decision: 4 Counts Aggravated Armed Robbery - S53A Aggregate Sentence - 6 years npp, 4 years parole, overall 10 years (8 Form 1 Offences taken into account - 2 on each charge); 1 Count Escape from Prison Custody - 12 months npp, 12 months parole, overall 2 years accumulated on armed robbery sentences Catchwords: CRIMINAL LAW - sentence - pleas of guilty - 4 substantive Aggravated Armed robbery Charges, each with 2 Form 1 offences - Form 1 offence aggravated armed robbery, robbery armed with offensive weapon, assault with intent to rob and steal from the person - 1 separate substantive offence of Escape from Lawful Prison Custody - escapee from minimum security - armed robberies committed whislt escapee to fund serious drug addiction - convenience stores, pharmacies, newsagencies and similar - further aggravation in company and armed with offensive weapon - limited planning - arrested committing last offence - early pleas - lengthy prior criminal history with imprisonment for armed robberies - S53A CRIMES (SENTENCING PROCEDURE) ACT - Aggregate Sentence for all armed robbery offences - finding about sentence which would be imposed for each in absence of aggregate sentence [S53A(2)(b)] - S310B Escape charge separate sentence fully accumulated [s57 Crimes (Sentencing Procedure) Act]. Legislation Cited: Criminal Case Conference Trial Act Crimes Act ss 97(1), 97(2), 310B, Crimes (Sentencing Procedure) Act ss 3A(2), 53A, s57 Category: Sentence Parties: Regina Andrew John MAZZITELLI Representation: Counsel: Mr S Fraser (Offender) Solicitor: Mr L Gray (Crown) File Number(s): 2010/00262134