R v Pash [2023] NSWDC 297

R v Pash [2023] NSWDC 297

Full-time imprisonment was required because the offences involved serious violence against three victims, including the offender's mother, were aggravated by being committed while the offender was on parole and in the victims' homes, and engaged specific deterrence and community protection. The sentence was moderated by the 25 per cent guilty plea discount, acceptance of remorse, the offender's dysfunctional upbringing and mental health issues, totality, the post-pandemic custodial environment, and special circumstances supporting a longer parole period.

Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Criminal Sentence / Sentence Proceedings After Pleas of Guilty
Outcome
Aggregate term of imprisonment of 6 years with a non-parole period of 3 years 10 months.
Legal Topics
['common Assault' 'reckless Wounding' 'intimidation' 'damage to Property' 'domestic Violence' 'form 1 Matters' 'guilty Plea Discount' 'bugmy Considerations' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['common Assault' 'reckless Wounding' 'intimidation' 'damage to Property' 'domestic Violence' 'form 1 Matters' 'guilty Plea Discount' 'bugmy Considerations' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Proceedings After Pleas of Guilty

Legal Issues

  1. 1 ['The appropriate sentence for common assault, two offences of reckless wounding and intimidation.' 'The objective seriousness of the principal offences and the effect of Form 1 matters.' 'The effect of aggravating factors, including offending while on parole and offending in the home of the relevant victim.' "The effect of the offender's dysfunctional upbringing, mental health issues, substance use disorders, remorse, guilty pleas and prospects of rehabilitation."]

Ratio Decidendi

Full-time imprisonment was required because the offences involved serious violence against three victims, including the offender's mother, were aggravated by being committed while the offender was on parole and in the victims' homes, and engaged specific deterrence and community protection. The sentence was moderated by the 25 per cent guilty plea discount, acceptance of remorse, the offender's dysfunctional upbringing and mental health issues, totality, the post-pandemic custodial environment, and special circumstances supporting a longer parole period.

Court Disposition

Aggregate term of imprisonment of 6 years with a non-parole period of 3 years 10 months.

Orders

  • ['Sequences 2, 4 and 5 are withdrawn and dismissed.' 'For the offences of sequences 3, 6, 8 and 11, the offender is sentenced to an aggregate term of imprisonment of 6 years.' 'A non-parole period of 3 years 10 months is fixed to date from 19 May 2022 and to expire on 18 March 2026.' 'A balance of 2 years 2 months...