R v Dane [2020] NSWDC 851

R v Dane [2020] NSWDC 851

The offending was objectively serious domestic violence and related offending involving multiple victims, including assaults on former partners in or near their homes, damage to property, entry into the former wife's home, and an armed confrontation attempt. Although the offender had prior good character, pleaded guilty early, was unwell at the time, had engaged in treatment, and would face hardship in custody as a former law enforcement officer, the seriousness of the crimes, the need for denunciation, community protection and vindication of the victims required imprisonment. Special circumstances justified a longer parole period because community safety would be better served by...

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas in the Local Court
Outcome
The offender was convicted on each of the five matters and sentenced to an aggregate term of imprisonment of three years and three months with a non-parole period of one year and ten months.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'aggravated Enter Dwelling Knowing People There' 'destroy or Damage Property' 'armed With Intent to Commit Indictable Offence' 'domestic Violence Offences' 'multiple Victims' 'utilitarian Value of Guilty Pleas' 'mental State at Time of Offending' 'former Law Enforcement Officer Going Into Custody' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'aggravated Enter Dwelling Knowing People There' 'destroy or Damage Property' 'armed With Intent to Commit Indictable Offence' 'domestic Violence Offences' 'multiple Victims' 'utilitarian Value of Guilty Pleas' 'mental State at Time of Offending' 'former Law Enforcement Officer Going Into Custody' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentences should be imposed for five offences committed on 5 December 2019 after guilty pleas.' 'How to assess the objective seriousness and totality of domestic violence offending involving multiple victims.' "Whether and how the offender's mental state, treatment, prior good character and status as a former law enforcement officer should mitigate sentence." 'Whether special circumstances should be found to extend supervision in the community.']

Ratio Decidendi

The offending was objectively serious domestic violence and related offending involving multiple victims, including assaults on former partners in or near their homes, damage to property, entry into the former wife's home, and an armed confrontation attempt. Although the offender had prior good character, pleaded guilty early, was unwell at the time, had engaged in treatment, and would face hardship in custody as a former law enforcement officer, the seriousness of the crimes, the need for denunciation, community protection and vindication of the victims required imprisonment. Special circumstances justified a longer parole period because community safety would be better served by...

Court Disposition

The offender was convicted on each of the five matters and sentenced to an aggregate term of imprisonment of three years and three months with a non-parole period of one year and ten months.

Orders

  • ['In relation to each of the five matters you are convicted.' 'For the offence of Assault occasioning actual bodily harm (DV) - Kylie Swinnerton (2019/00384709-005) - I indicate a sentence of 1 year 6 months.' 'For the offence of Assault occasioning actual bodily harm (DV) Kim Heydon (2019/00385111-001) - I indicate...