Regina v Bradley Grant Hunter [2006] NSWDC 23

Regina v Bradley Grant Hunter [2006] NSWDC 23

Although the offence was less serious than a mid-range offence, it was serious and warranted imprisonment because the offender broke into the complainant's home, intentionally intimidated her, caused extreme distress, acted in breach of an apprehended violence order and while subject to a suspended gaol sentence, and had persisted in obsessive harassment. A suspended sentence or bond was inappropriate because he had previously ignored a suspended sentence, a good behaviour bond and apprehended violence orders. After allowing a 25% discount for the guilty plea and considering youth, prior good character and psychological issues, the appropriate sentence was two years full-time imprisonment...

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Criminal Sentencing for Aggravated Breaking and Entering Involving Intimidation, With Scheduled Matters Taken Into Account / Sentence After Guilty Plea at Arraignment
Outcome
The offender was sentenced to full-time imprisonment for two years with a non-parole period of 12 months and release to parole at the expiry of the non-parole period.
Legal Topics
['aggravated Break and Enter' 'intimidation' 'apprehended Domestic Violence Order Breach' 'stalking and Obsessive Harassment' 'damage to Property' 'guilty Plea Discount' 'full Time Imprisonment' 'special Circumstances']
['criminal Law' 'sentencing' 'domestic Violence'] ['aggravated Break and Enter' 'intimidation' 'apprehended Domestic Violence Order Breach' 'stalking and Obsessive Harassment' 'damage to Property' 'guilty Plea Discount' 'full Time Imprisonment' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Aggravated Breaking and Entering Involving Intimidation, With Scheduled Matters Taken Into Account / Sentence After Guilty Plea at Arraignment

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter knowing persons were present and committing intimidation of the complainant.' 'Whether the offender should receive the full 25% utilitarian discount for his guilty plea.' 'Whether a sentence other than full-time custody, including a suspended sentence or bond, was appropriate.' 'Whether special circumstances justified a non-parole period of 12 months within a two year sentence.']

Ratio Decidendi

Although the offence was less serious than a mid-range offence, it was serious and warranted imprisonment because the offender broke into the complainant's home, intentionally intimidated her, caused extreme distress, acted in breach of an apprehended violence order and while subject to a suspended gaol sentence, and had persisted in obsessive harassment. A suspended sentence or bond was inappropriate because he had previously ignored a suspended sentence, a good behaviour bond and apprehended violence orders. After allowing a 25% discount for the guilty plea and considering youth, prior good character and psychological issues, the appropriate sentence was two years full-time imprisonment...

Court Disposition

The offender was sentenced to full-time imprisonment for two years with a non-parole period of 12 months and release to parole at the expiry of the non-parole period.

Orders

  • ['I impose upon him a sentence of full-time imprisonment of two years with a non parole period of 12 months.' 'The non-parole period will commence on 26th May 2006 and will conclude on 25th May 2007.' 'The balance of the sentence will commence on 26th May 2007 and will conclude on 25th May 2008.' 'The offender is to...