R v Casini [2019] NSWDC 376

District Court New South Wales

Medium Neutral Citation: R v Casini [2019] NSWDC 376 Hearing dates: 11 June 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Convicted and sentenced to a non-parole period of 2 years and 6 months, to date from 8 May 2018 and expire on 7 November 2020, with a balance of term of 1 year and 3 months. The total term of the sentence is 3 years and 9 months. Catchwords: CRIMINAL – sentence – aggravated detain cause actual bodily harm – domestic violence – relevance of mental health issues – special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act)1999 Cases Cited: Director of Public Prosecutions (DPP) (Cth) v De La Rosa [2010] NSWCCA 194 Hurst v R [2017] NSWCCA 114 R v Edigarov (2001) 125 A Crim R 551 R v Kilic (2016) 91 ALJR 131; [2016] HCA 48 R v Newell [2004] NSWCCA 183 Category: Sentence Parties: Regina (Crown) Albert Frank Casini (Offender) Representation: Solicitors: Ms Naividi for the Crown Mr C Murnane for the offender File Number(s): 2018/143410, 2018/159812 Publication restriction: Nil

SENTENCE 1. Albert Frank Casini, 46 years of age, appears for sentence in relation to one offence of aggravated detain, cause actually bodily harm, pursuant to s 86(2)(b) of the Crimes Act. The maximum prescribed penalty for that offence in 20 years' imprisonment. There is no prescribed standard non‑parole period. 2. The offender pleaded guilty on 5 February 2019 at the Wyong Local Court. An indictment was presented today in circumstances where there was a defect in the original court attendance notice. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 3. The offender has been in custody since his arrest on 8 May 2018. Accordingly, the sentence imposed today will be backdated to that date.