A MAN who sexually assaulted an 83-year-old woman in her home on the NSW south coast has lost his appeal against the severity of his sentence, with a court defending a judge's right to describe the crime as "just below worst-case category".
Tony Piscitelli was sentenced in 2011 to a maximum of 16 and a half years, with a non-parole period of 11 and a half years, for the April 2010 attack.
In handing down his sentence at the District Court in Wollongong last year, Judge David Frearson described the offences as "just below worst-case category".
The court heard that Piscitelli had cut the flyscreen of the woman's Tuross Heads home at night, followed her into the bathroom and then pulled her into her bedroom.
Despite pleas for him to stop, the then 23-year-old told her to take off her dressing gown and nightie before sexually and physically assaulting her.
In Piscitelli's subsequent appeal, barrister Robert Sutherland SC criticised the language used by Judge Frearson in condemning the attack, saying it was "intemperate and suggestive".
But on Monday, the NSW Court of Criminal Appeal rejected this and five other grounds of appeal, including submissions that the sentence was manifestly excessive.
"Where, as here, a series of offences is so serious as to inspire severe condemnation I do not consider that a sentencing judge should be prohibited from using strong, even powerful language," Justice Richard Button said on Monday.
In a victim impact statement heard in the Wollongong court the woman, who was being treated for depression, described suffering flashbacks and nightmares.
She revealed that the only person who she had sexual contact with previously had been her husband, now deceased.
"The profound gravity of the criminality encompassed by the offences ... requires no elaboration by me," Justice Button said on Monday.
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