Event and Time
Event Description
- Date: 8 February 2023
- Defendant: Jade Bisinella
- Charges:
- Aggravated burglary (carrying a knife) - Aggravated burglary (knowing a person was present) - Breach of intervention order (with intent to harm) - Common law assault
- Summary Offences:
- Breach of family violence interim intervention orders (two charges) - Breach of the Bail Act 1977 (Vic)
Application and Claims
- The charges stem from Bisinella's violent behavior toward his ex-partner on 13 December 2020, violating an existing intervention order.
- The victim experienced direct threats and violence, leading to significant trauma.
- Bisinella pleaded guilty, indicating an acknowledgment of his actions.
Judicial Decisions
- The judge emphasized the seriousness of the offenses, the need for deterrence, and the necessity of rehabilitation.
- Acknowledged Bisinella's previous violent behavior and the complexity of his personal circumstances, including drug use and mental health issues.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Argument:
- Emphasized the severity of the violent acts. - Highlighted the psychological trauma inflicted on the victim and the breach of an intervention order as aggravating factors. - Called for significant imprisonment to serve as a deterrent to others.
- Defense's Argument:
- Acknowledged the offenses, plead guilty, and framed the behavior as stemming from chaotic personal circumstances, including substance abuse and mental health issues. - Cited efforts toward rehabilitation during incarceration and support from family members as mitigating factors. - Suggested a Community Corrections Order instead of a lengthy prison sentence to aid rehabilitation.