R v TL [2019] NSWDC 239

R v TL [2019] NSWDC 239

An aggregate sentence of imprisonment was required because the offender committed multiple domestic violence offences and two sexual intercourse without consent offences, including separate offending against a separate victim, and no non-custodial alternative was appropriate. The late guilty plea in file 2018/24012 warranted a 10% discount. Bugmy factors reduced moral culpability and, together with youth, risk of institutionalisation, brain injury history, need for intensive supervision and reintegration support, justified a substantial finding of special circumstances, but remorse, low risk of reoffending and good prospects of rehabilitation were not established on balance.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal Sentence / Sentencing for Offences Found Proved After Judge Alone Trial in File 2017/343357 and for an Offence Following a Guilty Plea in File 2018/24012
Outcome
Offender convicted and sentenced to an aggregate sentence of 7 years imprisonment with a non-parole period of 4 years 4 months, commencing 11 January 2018.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'intimidation' 'common Assault' 'sexual Intercourse Without Consent' 'domestic Violence' 'general Deterrence' 'standard Non Parole Period' 'aggregate Sentence' 'special Circumstances' 'bugmy Principles' 'totality']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'intimidation' 'common Assault' 'sexual Intercourse Without Consent' 'domestic Violence' 'general Deterrence' 'standard Non Parole Period' 'aggregate Sentence' 'special Circumstances' 'bugmy Principles' 'totality']

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Procedural Posture

Criminal Sentence / Sentencing for Offences Found Proved After Judge Alone Trial in File 2017/343357 and for an Offence Following a Guilty Plea in File 2018/24012

Legal Issues

  1. 1 ["What aggregate sentence should be imposed for the offender's trial and plea matters." 'What discount should be allowed for the late guilty plea in file 2018/24012.' 'How the objective seriousness of the domestic violence and sexual intercourse without consent offences should be assessed.' 'Whether general deterrence was required for domestic violence and sexual assault offending.' "Whether the offender's deprived background, youth, brain injury, risk of institutionalisation and rehabilitative needs justified special circumstances." 'How totality should be applied across the two files and the multiple offences.']

Ratio Decidendi

An aggregate sentence of imprisonment was required because the offender committed multiple domestic violence offences and two sexual intercourse without consent offences, including separate offending against a separate victim, and no non-custodial alternative was appropriate. The late guilty plea in file 2018/24012 warranted a 10% discount. Bugmy factors reduced moral culpability and, together with youth, risk of institutionalisation, brain injury history, need for intensive supervision and reintegration support, justified a substantial finding of special circumstances, but remorse, low risk of reoffending and good prospects of rehabilitation were not established on balance.

Court Disposition

Offender convicted and sentenced to an aggregate sentence of 7 years imprisonment with a non-parole period of 4 years 4 months, commencing 11 January 2018.

Orders

  • ['Section 53A of the Crimes (Sentencing Procedure) Act 1999 was invoked and an aggregate sentence imposed.' 'In respect of counts 1 to 8 inclusive on the indictment on file 2017/343357 and the one matter on file number 2018/24012 the offender is convicted.' 'The offender is sentenced to an aggregate sentence of 7...