Regina v Michael Phillip Bottom; Regina v Phillip Camilli [2016] NSWDC 210

District Court New South Wales

Medium Neutral Citation: Regina v Michael Phillip Bottom; Regina v Phillip Camilli [2016] NSWDC 210 Hearing dates: 9 September 2016 Date of orders: 12 September 2016 Decision date: 12 September 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: Bottom 1. The offender is convicted. 2. In relation to count 1, I impose a sentence of imprisonment consisting of a non-parole period of 6 months commencing from 6 September 2015 and a head sentence of 9 months. 3. In relation to count 2, I impose a sentence of imprisonment consisting of a non-parole period of eight months commencing from 6 December 2015 and a head sentence of 1 year. 4. In relation to count three, I impose a sentence of imprisonment consisting of a non-parole period of 1 year commencing from 6 June 2016 and a head sentence of 1 year 6 months. 5. In relation to count for, I impose a sentence of imprisonment consisting of a non-parole period of 2 years commencing from 6 December 2016 and a head sentence of 3 years and 9 months. 6. The overall effective sentence I impose consists of a non-parole period of 3 years 3 months commencing on 6 September 2015 and a head sentence of 5 years. Mr Bottom will become eligible to be released on parole on 5 December 2018. 7. Mr Bottom is an eligible convicted offender within the meaning of section 5A Drug Court Act 1998. I direct that he be referred to the Drug Court to determine if he should be the subject of a compulsory drug treatment order. Camiili 8. I impose a sentence of imprisonment consisting of a non-parole period of 1 year and 7 days commencing on 5 September 2015 and a head sentence of 2 years. I direct that Mr Camilli be released to parole forthwith. Catchwords: CRIINAL LAW – offence - plea of guilty – assault – common assault – affray - destroy or damage property – reckless wounding in company – maliciously destroy or damage property in company – throw missile at police in execution of duty SENTENCE – mitigating factors – aggravating factors – circumstances – level of objective seriousness – specific deterrence – general deterrence – appropriate penalty – culpability SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty– back-up charge Legislation Cited: Crimes Act 1900 ss 35(3), 60(1), 61, 93C, 93C(2),195 (1)(a), 195(1A)(a), s.546C Crimes (Sentencing Procedure) Act 1999 ss 3, 3A, 5, 21A(2)(c),21A(2)(d), 21A(3)(h), 21A(3)(i), 21A(3)(k) Drug Court Act 1998 s.5A Cases Cited: R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Hili v The Queen (2010) 242 CLR 520 R v Matzick [2007] NSWCCA 92 R v Watt, Unreported 2 April 1997, NSWCCA R v Engert (1995) 84 A Crim R 67 R v Henry (1999) 46 NSWLR 346 R v Todorovic [2008] NSWCCA 49 R v Dickinson [2004] NSWCCA 457 R v Hampton [1999] NSWCCA 341 R v Fernando (1992) 76 A Crim R 58 Bugmy v R (2013) 249 CLR 571 R v McNaughton (2006) 66 NSWLR 566 Category: Sentence Parties: Regina (The Crown) Michael Phillip Bottom (Offender) Phillip Camilli (Offender) Representation: Counsel: Mr K Averre (Bottom) Mr B Robinson (Camilli)