R v Holman [2019] NSWDC 292

R v Holman [2019] NSWDC 292

The offending, especially the assaults occasioning actual bodily harm, was serious and required significant general deterrence and full-time custody; however, the offender's accepted remorse, utilitarian discount, seizure condition, need for treatment for drug abuse, and reasonable prospects of rehabilitation justified special circumstances and a lenient aggregate non-parole period. Parity did not reduce the sentence because Holman's role and charges were significantly more serious than the co-offender's.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Criminal Sentencing / Committed for Sentence From Forster Local Court
Outcome
Aggregate sentence of three years imprisonment with an aggregate non-parole period of 13 months imposed; offender eligible for parole on 1 November 2019.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'form 1 Offence' 'drive Whilst Disqualified' 'remorse' 'drug Addiction' 'health Issues' 'special Circumstances' 'aggregate Sentence' 'intensive Correction Order']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'form 1 Offence' 'drive Whilst Disqualified' 'remorse' 'drug Addiction' 'health Issues' 'special Circumstances' 'aggregate Sentence' 'intensive Correction Order']

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Procedural Posture

Criminal Sentencing / Committed for Sentence From Forster Local Court

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for aggravated break, enter and commit serious indictable offence, assault occasioning actual bodily harm, and related driving offending.' 'What weight should be given to the Form 1 assault occasioning actual bodily harm offence.' "Whether the offender's remorse, health issues, drug addiction, background and prospects of rehabilitation warranted mitigation or special circumstances." 'Whether parity with co-offender Brown affected sentence.' 'Whether an intensive correction order or full-time custody was appropriate.']

Ratio Decidendi

The offending, especially the assaults occasioning actual bodily harm, was serious and required significant general deterrence and full-time custody; however, the offender's accepted remorse, utilitarian discount, seizure condition, need for treatment for drug abuse, and reasonable prospects of rehabilitation justified special circumstances and a lenient aggregate non-parole period. Parity did not reduce the sentence because Holman's role and charges were significantly more serious than the co-offender's.

Court Disposition

Aggregate sentence of three years imprisonment with an aggregate non-parole period of 13 months imposed; offender eligible for parole on 1 November 2019.

Orders

  • ['Indicative sentence for sequence 2 on the s 166 certificate: four months, reduced by 25 percent to three months.' 'Indicative sentence for sequence 4, attaching sequence 1 on the Form: three years six months, reduced by 25 percent to two years seven months, with an indicated non-parole period of 11 months.'...