R v Reid, John David [2020] NSWDC 946

R v Reid, John David [2020] NSWDC 946

Because the offender committed repeated domestic violence assaults causing actual bodily harm while an apprehended violence order was in place, had prior domestic violence convictions, and required punishment, deterrence, community protection and denunciation, imprisonment was the only appropriate penalty. The pleas of guilty warranted a 25% reduction, and special circumstances justified a non-parole period of 18 months within an aggregate sentence of 2 years and 6 months.

Jurisdiction
Australia
Judgment Date
02 April 2020
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
Aggregate sentence of imprisonment of 2 years and 6 months with a non-parole period of 18 months imposed.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'domestic Violence Offences' 'contravention of Apprehended Violence Order' 'plea of Guilty' 'drug Addiction' 'community Correction Order' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'domestic Violence Offences' 'contravention of Apprehended Violence Order' 'plea of Guilty' 'drug Addiction' 'community Correction Order' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of assault occasioning actual bodily harm, taking into account a Form 1 common assault and a contravention of an apprehended violence order.' 'How the objective seriousness of the offences should be assessed in the context of repeated domestic violence over three days.' "What weight should be given to the offender's pleas of guilty, drug use, prior domestic violence convictions, time in custody, time in residential rehabilitation, prospects of rehabilitation and the Coronavirus risk in custody."]

Ratio Decidendi

Because the offender committed repeated domestic violence assaults causing actual bodily harm while an apprehended violence order was in place, had prior domestic violence convictions, and required punishment, deterrence, community protection and denunciation, imprisonment was the only appropriate penalty. The pleas of guilty warranted a 25% reduction, and special circumstances justified a non-parole period of 18 months within an aggregate sentence of 2 years and 6 months.

Court Disposition

Aggregate sentence of imprisonment of 2 years and 6 months with a non-parole period of 18 months imposed.

Orders

  • ['I impose an aggregate sentence of imprisonment of 2 years and 6 months, to commence on 23 July 2019 and expiring on 22 January 2022.' 'I impose a non-parole period of 18 months, expiring on 22 January 2021.' 'The indicative sentence for Count 1 is 16 months of imprisonment.' 'The indicative sentence for Count 2,...