R v Katakouzinos [2020] NSWDC 115

R v Katakouzinos [2020] NSWDC 115

Given the objective seriousness of the affray offence, the presence of weapons and public risk, but also taking into account the offender's youth, early guilty plea, prospects of rehabilitation, first time in custody, and partial punishment already suffered, special circumstances exist warranting a reduction in the non-parole period. Deterrence and punishment require a custodial sentence.

Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment for two years nine months with a non-parole period of one year nine months. Breach of orders found proved. Community Correction Order for 12 months imposed. Driving disqualification of nine months. s 10 bond revoked and conviction recorded, no further penalty.
Legal Topics
['affray' 'sentence' 'demand Money With Menaces' 'breach of Court Orders']
['criminal Law'] ['affray' 'sentence' 'demand Money With Menaces' 'breach of Court Orders']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender in relation to the offence of affray and associated offences?' 'What is the impact of Form 1 offences and breaches of court orders on sentencing?' 'Are there special circumstances justifying variation of the parole/non-parole ratio?']

Ratio Decidendi

Given the objective seriousness of the affray offence, the presence of weapons and public risk, but also taking into account the offender's youth, early guilty plea, prospects of rehabilitation, first time in custody, and partial punishment already suffered, special circumstances exist warranting a reduction in the non-parole period. Deterrence and punishment require a custodial sentence.

Court Disposition

Sentenced to imprisonment for two years nine months with a non-parole period of one year nine months. Breach of orders found proved. Community Correction Order for 12 months imposed. Driving disqualification of nine months. s 10 bond revoked and conviction recorded, no further penalty.

Orders

  • ['On the affray offence a sentence of two years nine months imposed, non-parole period of one year nine months (both dated from 17 August 2018); head sentence expires 16 May 2021, non-parole period expires 16 May 2020.' 'Community Correction Order for 12 months commencing 09 March 2020 on breach of previous CCO.'...