R v Smethurst [2018] NSWDC 488

R v Smethurst [2018] NSWDC 488

The offending was mid-range domestic violence offending committed while the offender was on conditional liberty and in the victim's home. The offender had prior domestic violence offending and a history of non-compliance with community-based sentencing options, and his rehabilitation prospects were guarded. Although delay and the guilty plea warranted allowance, imprisonment was required and an intensive corrections order was inappropriate; an aggregate full-time custodial sentence with a 15% guilty plea discount was imposed.

Jurisdiction
Australia
Judgment Date
09 November 2018
Procedural Posture
Criminal Sentencing / Sentencing After Guilty Plea
Outcome
The offender was convicted of assault occasioning actual bodily harm and common assault and sentenced to an aggregate term of full-time imprisonment of 18 months with a non-parole period of 12 months.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'common Assault' 'domestic Violence' 'guilty Plea Discount' 'full Time Imprisonment' 'intensive Correction Order' 'prior Convictions' 'delay']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'common Assault' 'domestic Violence' 'guilty Plea Discount' 'full Time Imprisonment' 'intensive Correction Order' 'prior Convictions' 'delay']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for assault occasioning actual bodily harm and common assault in a domestic violence context.' 'Whether the offending fell within the mid-range of objective seriousness.' 'Whether a term of imprisonment should be served by full-time custody or by way of an intensive corrections order.' "What allowance should be made for the offender's guilty plea and delay." "How the offender's prior domestic violence offending, prior non-compliance with community-based orders, and prospects of rehabilitation should affect sentence."]

Ratio Decidendi

The offending was mid-range domestic violence offending committed while the offender was on conditional liberty and in the victim's home. The offender had prior domestic violence offending and a history of non-compliance with community-based sentencing options, and his rehabilitation prospects were guarded. Although delay and the guilty plea warranted allowance, imprisonment was required and an intensive corrections order was inappropriate; an aggregate full-time custodial sentence with a 15% guilty plea discount was imposed.

Court Disposition

The offender was convicted of assault occasioning actual bodily harm and common assault and sentenced to an aggregate term of full-time imprisonment of 18 months with a non-parole period of 12 months.

Orders

  • ['Justin Smethurst is convicted of assault occasioning actual bodily harm on the Crown Sentence Summary.' 'Justin Smethurst is convicted of common assault on the s166 certificate.' 'The offender is sentenced to an aggregate period of imprisonment of 18 months after a 15% discount for the guilty plea.' 'A non-parole...