Commonwealth Director of Public Prosecutions v Sadrata (No 2) [2024] NFSC 3

Commonwealth Director of Public Prosecutions v Sadrata (No 2) [2024] NFSC 3

The assaults were very serious domestic violence offences requiring sentences of imprisonment, but the offender's prior good character, early guilty pleas, genuine remorse, positive and effective rehabilitation, abstinence from alcohol, and very low risk of reoffending made it desirable to impose concurrent 15-month sentences and wholly suspend their execution for 15 months with rehabilitative conditions. The offences were domestic violence offences and a final apprehended violence order was appropriate despite the low risk of reoffending.

Jurisdiction
Australia
Judgment Date
03 June 2024
Procedural Posture
Criminal Sentencing for Four Counts of Assault Occasioning Actual Bodily Harm Contrary to S 82(1) of the Criminal Code 2007 (ni) / Sentence After Guilty Pleas
Outcome
Offender convicted on four counts of assault occasioning actual bodily harm and sentenced to concurrent terms of 15 months' imprisonment, wholly suspended for 15 months with conditions; offences recorded as domestic violence offences; final apprehended violence order made for 24 months.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'suspended Sentence' 'comparable Sentencing Cases' 'domestic Violence Offence Recording' 'final Apprehended Violence Order']
['criminal Law' 'sentencing' 'domestic Violence'] ['assault Occasioning Actual Bodily Harm' 'suspended Sentence' 'comparable Sentencing Cases' 'domestic Violence Offence Recording' 'final Apprehended Violence Order']

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 for Four Counts of Assault Occasioning Actual Bodily Harm Contrary to S 82(1) of the Criminal Code 2007 (ni) / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for four counts of assault occasioning actual bodily harm committed against the offender's domestic partner." 'Whether comparable cases established a sentencing range or required actual imprisonment.' 'Whether it was desirable in all the circumstances to wholly suspend the sentences pursuant to s 39 of the Sentencing Act 2007 (NI).' 'Whether the offences should be recorded as domestic violence offences and whether a final apprehended violence order should be made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), as it applies in Norfolk Island.']

Ratio Decidendi

The assaults were very serious domestic violence offences requiring sentences of imprisonment, but the offender's prior good character, early guilty pleas, genuine remorse, positive and effective rehabilitation, abstinence from alcohol, and very low risk of reoffending made it desirable to impose concurrent 15-month sentences and wholly suspend their execution for 15 months with rehabilitative conditions. The offences were domestic violence offences and a final apprehended violence order was appropriate despite the low risk of reoffending.

Court Disposition

Offender convicted on four counts of assault occasioning actual bodily harm and sentenced to concurrent terms of 15 months' imprisonment, wholly suspended for 15 months with conditions; offences recorded as domestic violence offences; final apprehended violence order made for 24 months.

Orders

  • ['The offender, Mr Emosi Sadrata, is convicted of the four (4) counts of assault occasioning actual bodily harm contrary to section 82(1) of Criminal Code 2007 (NI) in the indictment dated 18 December 2023.' 'In respect of each of those offences, the offender, Mr Emosi Sadrata, is sentenced to a term of imprisonment...