R v Eager [2021] NSWDC 848

R v Eager [2021] NSWDC 848

The offending was objectively serious domestic violence: the offender broke into the complainant's workplace knowing people were present, assaulted her causing actual bodily harm, and continued to threaten and intimidate her. His drug intoxication and claimed memory loss did not mitigate the seriousness, and the offences were aggravated by being committed in breach of conditional liberty. Taking into account his guilty plea, background, limited prior violence, remorse, COVID-19 custody conditions, need for rehabilitation, and special circumstances, an aggregate term of 4 years imprisonment with a non-parole period of 2 years and 4 months was the appropriate sentence.

Jurisdiction
Australia
Judgment Date
11 November 2021
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 4 months.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'intimidation With Intent to Cause Fear of Physical or Mental Harm' 'contravention of Conditional Liberty' 'aggregate Sentence' 'drug Addiction and Rehabilitation' 'special Circumstances']
['criminal Law' 'sentencing' 'domestic Violence'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'intimidation With Intent to Cause Fear of Physical or Mental Harm' 'contravention of Conditional Liberty' 'aggregate Sentence' 'drug Addiction and Rehabilitation' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit a serious indictable offence where the serious indictable offence was assault occasioning actual bodily harm and the circumstance of aggravation was knowledge that people were in the building.' 'What sentence should be imposed for intimidation with intent to cause fear of physical or mental harm arising from the same incident.' "How the offender's guilty plea, drug addiction, background, remorse, rehabilitation prospects, COVID-19 custody conditions, and breaches of existing community-based orders should affect sentence." 'Whether special circumstances justified a longer parole period to facilitate drug and alcohol rehabilitation.']

Ratio Decidendi

The offending was objectively serious domestic violence: the offender broke into the complainant's workplace knowing people were present, assaulted her causing actual bodily harm, and continued to threaten and intimidate her. His drug intoxication and claimed memory loss did not mitigate the seriousness, and the offences were aggravated by being committed in breach of conditional liberty. Taking into account his guilty plea, background, limited prior violence, remorse, COVID-19 custody conditions, need for rehabilitation, and special circumstances, an aggregate term of 4 years imprisonment with a non-parole period of 2 years and 4 months was the appropriate sentence.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 4 months.

Orders

  • ['In relation to each matter, the offender is convicted.' 'The otherwise appropriate sentences for each indicated sentence are reduced by 25% for the plea of guilty.' 'For the s 112 Crimes Act matter, the indicated sentence is 3 years and 9 months with a 2-year non-parole period.' 'For the s 13 Crimes (Domestic and...