R v Corak-Phan [2021] NSWDC 3

R v Corak-Phan [2021] NSWDC 3

The first common assault and the related ADVO contravention were mid-range, objectively serious domestic violence offences committed while the offender was on conditional liberty, requiring punishment and general and specific deterrence. Although the offender's abusive and deprived background reduced his moral culpability to some extent and his guilty plea warranted a 25% discount, his criminal history and the circumstances of the offending meant no penalty other than imprisonment was appropriate for those matters. An aggregate custodial sentence with special circumstances was warranted, while the lower-range second common assault could be dealt with by a Community Correction Order with...

Jurisdiction
Australia
Judgment Date
28 January 2021
Procedural Posture
Criminal Sentencing for Domestic Violence Offences / Sentence After Pleas of Guilty
Outcome
Full-time custodial order imposed for the first common assault and related ADVO contravention; Community Correction Order imposed for the second common assault.
Legal Topics
['common Assault' 'apprehended Domestic Violence Order Contravention' 'aggregate Sentence' 'conditional Liberty' 'bugmy Principles' 'community Correction Order' 'parole Revocation']
['criminal Law' 'sentencing' 'domestic and Personal Violence'] ['common Assault' 'apprehended Domestic Violence Order Contravention' 'aggregate Sentence' 'conditional Liberty' 'bugmy Principles' 'community Correction Order' 'parole Revocation']

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Procedural Posture

Criminal Sentencing for Domestic Violence Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two common assault offences and a related offence of knowingly contravening an Apprehended Domestic Violence Order.' 'Whether the first common assault and the ADVO contravention crossed the threshold for imprisonment under s 5 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether an aggregate sentence could be imposed for the first common assault and the related ADVO contravention.' "How the offender's deprived and abusive childhood, drug addiction, PTSD and substance-induced psychotic disorder affected moral culpability and sentence." 'Whether special circumstances justified varying the statutory ratio between the head sentence and non-parole period.' 'Whether the second common assault should be dealt with by a Community Correction Order.']

Ratio Decidendi

The first common assault and the related ADVO contravention were mid-range, objectively serious domestic violence offences committed while the offender was on conditional liberty, requiring punishment and general and specific deterrence. Although the offender's abusive and deprived background reduced his moral culpability to some extent and his guilty plea warranted a 25% discount, his criminal history and the circumstances of the offending meant no penalty other than imprisonment was appropriate for those matters. An aggregate custodial sentence with special circumstances was warranted, while the lower-range second common assault could be dealt with by a Community Correction Order with...

Court Disposition

Full-time custodial order imposed for the first common assault and related ADVO contravention; Community Correction Order imposed for the second common assault.

Orders

  • ['The offender was convicted of H 73919939/1, common assault (Claire Dawson), an offence pursuant to s 61 of the Crimes Act 1900.' 'The offender was convicted of H 73290820/1, common assault (Antoinetta Corak-Phan), an offence pursuant to s 61 of the Crimes Act 1900.' 'The offender was convicted of H 73919939/2,...