Zuccarini v Regina [2013] NSWCCA 228

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zuccarini v Regina [2013] NSWCCA 228 Hearing dates: 25 September 2013 Decision date: 14 October 2013 Before: Hoeben CJ at CL at [1]; Bellew J at [2]; Barr AJ at [3] Decision: (1)Grant leave to appeal, (2)Dismiss the appeal. Catchwords: CRIMINAL LAW- Sentence appeal- break and enter- whether mental illness reduced moral culpability- whether applicant's drug use was a mitigating factor. Cases Cited: Director of Public Prosecutions (Cth) v De la Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 R v Engert (1995) 84 A Crim R 67 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 Category: Principal judgment Parties: Jordan Zuccarini (Applicant) Regina (Respondent) Representation: Counsel: M Dennis (Applicant) S Herbert (Respondent) Solicitors: Legal Aid (NSW) (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/131272 Publication restriction: None Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-01-18 00:00:00 Before: Lerve DCJ File Number(s): 2012/131272

Judgment 1HOEBEN CJ at CL: I agree with Bar AJ and the orders which he proposes. 2BELLEW J: I agree with Bar AJ. 3BARR AJ: The applicant, Jordan Zuccarini, has applied for leave to appeal against a sentence imposed in the District Court. He pleaded guilty to one account of an aggravated form of breaking, entering and committing a serious indictable offence, namely stealing. The aggravation was that he was in the company of another. The maximum penalty for that offence is 20 years' imprisonment. There is a standard non-parole period of 5 years. Lerve, DCJ set a non-parole period of 1 year and 6 months and a balance of term of 1 year and 6 months. The non-parole period is due to expire on 17 April 2014 and the head sentence on 17 October 2015.