R v Baker [2022] NSWDC 462

R v Baker [2022] NSWDC 462

The offences were objectively serious because the offender entered the vulnerable complainant's bedroom at night, in breach of an Apprehended Domestic Violence Order, assaulted and cut her, used liquid that caused burning, threatened to return and finish her off, and acted with gratuitous cruelty. His early guilty pleas warranted a 25 per cent reduction, and his chronic psychotic illness materially reduced moral culpability and affected deterrence and denunciation, but community protection and the complainant's safety remained significant. An aggregate sentence of six years with a non-parole period of three years and six months, structured to allow mental health treatment and parole...

Jurisdiction
Australia
Judgment Date
24 May 2022
Procedural Posture
Criminal Sentencing / Sentence After Early Guilty Pleas in the Local Court, Including a Section 166 Criminal Procedure Act 1986 Certificate and a Form 1 Offence
Outcome
The offender was convicted and sentenced to an aggregate sentence of 6 years with a non-parole period of 3 years, 6 months.
Legal Topics
['aggravated Enter Dwelling With Intent' 'contravene Prohibition or Restriction in Apprehended Domestic Violence Order' 'assault Occasioning Actual Bodily Harm' 'stalk or Intimidate Intending Fear of Physical Harm' 'domestic Violence' 'mental Illness and Sentencing' 'early Guilty Plea' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['aggravated Enter Dwelling With Intent' 'contravene Prohibition or Restriction in Apprehended Domestic Violence Order' 'assault Occasioning Actual Bodily Harm' 'stalk or Intimidate Intending Fear of Physical Harm' 'domestic Violence' 'mental Illness and Sentencing' 'early Guilty Plea' 'victim Impact Statement']

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Procedural Posture

Criminal Sentencing / Sentence After Early Guilty Pleas in the Local Court, Including a Section 166 Criminal Procedure Act 1986 Certificate and a Form 1 Offence

Legal Issues

  1. 1 ['What aggregate sentence and non-parole period should be imposed for the offences committed on 9 May 2021 and the related Form 1 common assault offence.' "How the offender's early guilty pleas should reduce the indicated sentences." "How the offender's schizoaffective disorder and mental health needs should affect moral culpability, deterrence, community protection and sentence structure." "How to take into account the objective seriousness of offences committed in the complainant's home, against a vulnerable victim, in breach of an Apprehended Domestic Violence Order."]

Ratio Decidendi

The offences were objectively serious because the offender entered the vulnerable complainant's bedroom at night, in breach of an Apprehended Domestic Violence Order, assaulted and cut her, used liquid that caused burning, threatened to return and finish her off, and acted with gratuitous cruelty. His early guilty pleas warranted a 25 per cent reduction, and his chronic psychotic illness materially reduced moral culpability and affected deterrence and denunciation, but community protection and the complainant's safety remained significant. An aggregate sentence of six years with a non-parole period of three years and six months, structured to allow mental health treatment and parole...

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of 6 years with a non-parole period of 3 years, 6 months.

Orders

  • ['In relation to each of the matters for sentence you are convicted.' 'In relation to the s 111 (1) aggravated enter, taking into account the form 1, I indicate a sentence of four years and six months.' 'In relation to the offence assault occasioning actual bodily harm, I indicate a sentence of two years and three...