R v Casini [2019] NSWDC 376

R v Casini [2019] NSWDC 376

The offender is convicted and sentenced to imprisonment, taking into account the objective gravity of the offence—serious domestic violence with sustained physical and emotional harm, and aggravating features. The sentence is moderated to a limited degree due to the offender's Adjustment Disorder with Depressed Mood and Substance Use Disorder, causally connected to the offending. Special circumstances are found to vary the parole ratio.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence of imprisonment imposed.
Legal Topics
['aggravated Detain' 'actual Bodily Harm' 'domestic Violence' 'sentencing' 'mental Health Issues' 'special Circumstances']
['criminal Law'] ['aggravated Detain' 'actual Bodily Harm' 'domestic Violence' 'sentencing' 'mental Health Issues' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of aggravated detain causing actual bodily harm in a context of domestic violence?' "How should the offender's mental health and substance use disorder affect the sentence?" 'Are special circumstances established for parole ratio variation?']

Ratio Decidendi

The offender is convicted and sentenced to imprisonment, taking into account the objective gravity of the offence—serious domestic violence with sustained physical and emotional harm, and aggravating features. The sentence is moderated to a limited degree due to the offender's Adjustment Disorder with Depressed Mood and Substance Use Disorder, causally connected to the offending. Special circumstances are found to vary the parole ratio.

Court Disposition

Conviction and sentence of imprisonment imposed.

Orders

  • ['Convicted and sentenced to a non-parole period of 2 years and 6 months, from 8 May 2018 to 7 November 2020.' 'Balance of term of 1 year and 3 months.' 'Total term of the sentence is 3 years and 9 months.' 'Variation of statutory parole period ratio due to special circumstances.']