R v Coffey [2012] NSWDC 282

R v Coffey [2012] NSWDC 282

The sentence must reflect the high level of objective and subjective criminality, the entrenched history of domestic violence and substance abuse, and the need for community protection. A discount of 17.5% is granted for the guilty plea and contrition. Special circumstances are found justifying a sentence below the standard non-parole period due to rehabilitation prospects and personal mitigating factors.

Parties
Prosecutor: The Crown; Offender: Leo James Coffey
Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment. Set a non-parole period of 2 years and balance of term of 1 year and 7 months.
Legal Topics
Assault, Recklessly Causing Grievous Bodily Harm, Domestic Violence, Sentencing
Criminal Law Assault Recklessly Causing Grievous Bodily Harm Domestic Violence Sentencing

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Parties

The Crown

Prosecutor

Leo James Coffey

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for recklessly causing grievous bodily harm in a domestic violence context
  2. 2 Assessment of objective and subjective criminality
  3. 3 Effectiveness of general deterrence in sentencing

Ratio Decidendi

The sentence must reflect the high level of objective and subjective criminality, the entrenched history of domestic violence and substance abuse, and the need for community protection. A discount of 17.5% is granted for the guilty plea and contrition. Special circumstances are found justifying a sentence below the standard non-parole period due to rehabilitation prospects and personal mitigating factors.

Court Disposition

Convicted and sentenced to imprisonment. Set a non-parole period of 2 years and balance of term of 1 year and 7 months.

Orders

  • Leo James Coffey convicted of recklessly causing grievous bodily harm.
  • Sentenced to imprisonment for 3 years and 7.5 months, backdated to 22 April 2011.