R v Barnett [2020] NSWDC 193

R v Barnett [2020] NSWDC 193

The offender's alcoholism was causally connected to the offending and modestly mitigated objective seriousness and deterrence, but did not substantially reduce culpability given his prior capacity to manage the condition and the limited nature of any perceived provocation. The detain offences were in the mid-range of objective seriousness and the reckless wounding was above mid-range. Serious aggravating features, including use of a knife, offending in a victim's home, breach of an AVO, multiple victims, threats and injuries, required a substantial full-time custodial aggregate sentence, moderated by the guilty pleas, remorse, limited record, reasonable to good rehabilitation prospects,...

Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 7 years and 6 months with a non-parole period of 4 years and 6 months; related s 166 certificate offence concurrent; sequences 3 and 4 recorded as domestic violence offences; two back-up offences withdrawn.
Legal Topics
['aggravated Detention With Intent to Obtain Advantage Occasioning Actual Bodily Harm' 'reckless Wounding Causing Actual Bodily Harm' 'contravention of Apprehended Violence Order' 'alcohol Use Disorder and Objective Seriousness' 'covid 19 Pandemic as a Sentencing Consideration' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing' 'domestic Violence'] ['aggravated Detention With Intent to Obtain Advantage Occasioning Actual Bodily Harm' 'reckless Wounding Causing Actual Bodily Harm' 'contravention of Apprehended Violence Order' 'alcohol Use Disorder and Objective Seriousness' 'covid 19 Pandemic as a Sentencing Consideration' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ["Whether the offender's alcohol use disorder had a causal connection with the offending and mitigated objective seriousness or culpability." 'The objective seriousness of two aggravated detain offences and a reckless wounding offence.' 'The relevance of perceived provocation to culpability.' "The weight to be given to aggravating circumstances including use of a knife, offending in a victim's home and breach of an apprehended violence order." 'Whether the COVID-19 pandemic made custody more onerous for the offender and affected sentence.' 'Whether an aggregate sentence, accumulation, concurrency and special circumstances were appropriate.']

Ratio Decidendi

The offender's alcoholism was causally connected to the offending and modestly mitigated objective seriousness and deterrence, but did not substantially reduce culpability given his prior capacity to manage the condition and the limited nature of any perceived provocation. The detain offences were in the mid-range of objective seriousness and the reckless wounding was above mid-range. Serious aggravating features, including use of a knife, offending in a victim's home, breach of an AVO, multiple victims, threats and injuries, required a substantial full-time custodial aggregate sentence, moderated by the guilty pleas, remorse, limited record, reasonable to good rehabilitation prospects,...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 7 years and 6 months with a non-parole period of 4 years and 6 months; related s 166 certificate offence concurrent; sequences 3 and 4 recorded as domestic violence offences; two back-up offences withdrawn.

Orders

  • ['The offender is convicted of the offences being sequences 3, 4 and 6, as well as the offence on the s 166 certificate.' 'In respect to sequences 3, 4 and 6 the offender is sentenced to an aggregate period of imprisonment of 7 years, 6 months with an aggregate non-parole period of 4 years and 6 months, commencing...