R v Fam [2023] NSWDC 119

R v Fam [2023] NSWDC 119

The offender committed domestic violence assaults against the same victim on two occasions while subject to Apprehended Domestic Violence Orders and on bail for similar matters. Count 2 was assessed around the mid-range of objective seriousness, and count 6 above the mid-range because of repeated strikes, significant bruising, swelling and abrasions to the victim's face and neck, and the offender's physical advantage. The s 5 imprisonment threshold was crossed for counts 2 and 6 and for the ADVO contraventions. An Intensive Correction Order would not adequately meet punishment, deterrence, denunciation, community safety, and recognition of harm. An aggregate sentence of full-time...

Jurisdiction
Australia
Judgment Date
25 January 2023
Procedural Posture
Criminal Sentence / Sentence Following Jury Verdicts of Guilty on Counts 2 and 6 and Uncontested Offences on a S 166 Certificate
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 2 years 7 months with a non-parole period of 1 year 7 months. Special circumstances found.
Legal Topics
['common Assault' 'assault Occasioning Actual Bodily Harm' 'contravention of Apprehended Domestic Violence Orders' 'domestic Violence' 'aggregate Sentence' 'intensive Correction Order' 'special Circumstances']
['criminal Law' 'sentencing'] ['common Assault' 'assault Occasioning Actual Bodily Harm' 'contravention of Apprehended Domestic Violence Orders' 'domestic Violence' 'aggregate Sentence' 'intensive Correction Order' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Jury Verdicts of Guilty on Counts 2 and 6 and Uncontested Offences on a S 166 Certificate

Legal Issues

  1. 1 ["What facts should be found for sentence consistently with the jury's verdicts." 'The objective seriousness of the common assault, assault occasioning actual bodily harm, and contraventions of Apprehended Domestic Violence Orders.' 'Whether the threshold for imposing imprisonment under s 5 of the Crimes (Sentencing Procedure) Act 1999 was crossed.' 'Whether the aggregate sentence should be served by full-time custody or by an Intensive Correction Order.' 'Whether special circumstances justified adjustment of the ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offender committed domestic violence assaults against the same victim on two occasions while subject to Apprehended Domestic Violence Orders and on bail for similar matters. Count 2 was assessed around the mid-range of objective seriousness, and count 6 above the mid-range because of repeated strikes, significant bruising, swelling and abrasions to the victim's face and neck, and the offender's physical advantage. The s 5 imprisonment threshold was crossed for counts 2 and 6 and for the ADVO contraventions. An Intensive Correction Order would not adequately meet punishment, deterrence, denunciation, community safety, and recognition of harm. An aggregate sentence of full-time...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 2 years 7 months with a non-parole period of 1 year 7 months. Special circumstances found.

Orders

  • ['For count 2, indicative sentence of 8 months imprisonment.' 'For count 6, indicative sentence of 2 years 3 months imprisonment.' 'For sequence 1 on the s 166 certificate, indicative sentence of 3 months imprisonment.' 'For sequence 3 on the s 166 certificate, indicative sentence of 4 months imprisonment.'...