R v Steller [2017] NSWDC 274

R v Steller [2017] NSWDC 274

Given the exceptionally serious, repeated domestic violence perpetrated by the offender against her children, including sustained emotional, physical neglect and abuse, the only appropriate sentence is imprisonment. The objective seriousness of each offence, the need for general deterrence, and protection of children justify an aggregate custodial sentence exceeding two years. Special circumstances arising from the offender's health and first custodial experience justify a variation in the parole ratio.

Jurisdiction
Australia
Judgment Date
28 July 2017
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to aggregate term of imprisonment.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'common Assault' 'reckless Wounding' 'sentencing' 'aggravating Features' 'domestic Violence' 'child Abuse' 'victim Impact' 'aggregate Sentencing' 'special Circumstances']
['criminal Law'] ['assault Occasioning Actual Bodily Harm' 'common Assault' 'reckless Wounding' 'sentencing' 'aggravating Features' 'domestic Violence' 'child Abuse' 'victim Impact' 'aggregate Sentencing' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple counts of assault occasioning actual bodily harm, common assault, and reckless wounding committed by the offender against her children?' 'Whether special circumstances justify a variation of the parole ratio under s44(2) of the Crimes (Sentencing Procedure) Act 1999.' 'Whether all matters could properly have been dealt with in the Local Court or require custodial sentences.']

Ratio Decidendi

Given the exceptionally serious, repeated domestic violence perpetrated by the offender against her children, including sustained emotional, physical neglect and abuse, the only appropriate sentence is imprisonment. The objective seriousness of each offence, the need for general deterrence, and protection of children justify an aggregate custodial sentence exceeding two years. Special circumstances arising from the offender's health and first custodial experience justify a variation in the parole ratio.

Court Disposition

Convicted and sentenced to aggregate term of imprisonment.

Orders

  • ['Offender convicted on all counts.' 'Aggregate sentence: 3 years and 4 months imprisonment, with a non-parole period of 2 years and 4 months and a balance of term of 1 year, commencing 28 July 2017.' 'Eligibility for parole on 27 November 2019.' 'Special circumstances found; statutory parole ratio varied under...