R v Connolly [2016] NSWDC 325

R v Connolly [2016] NSWDC 325

The offences were very serious home-invasion offending involving violence against Ms Parsons in her home, actual bodily harm, threats, and an assault involving her 14 month old child. The seriousness of the offending required substantial imprisonment, but the sentence was reduced by 25 per cent for the earliest guilty pleas and took account of genuine remorse, rehabilitation prospects and special circumstances warranting extended parole supervision.

Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Offender sentenced to imprisonment for both offences, with an overall sentence of 7 years and an overall non-parole period of 4 years.
Legal Topics
['common Assault' 'aggravated Break and Enter and Commit Serious Indictable Offence' 'inflict Actual Bodily Harm' 'home Invasion' 'assault on 14 Month Old Child' 'victim Impact Statement' 'guilty Plea Discount' 'self Induced Intoxication' 'special Circumstances']
['criminal Law' 'sentencing'] ['common Assault' 'aggravated Break and Enter and Commit Serious Indictable Offence' 'inflict Actual Bodily Harm' 'home Invasion' 'assault on 14 Month Old Child' 'victim Impact Statement' 'guilty Plea Discount' 'self Induced Intoxication' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for common assault appearing on the s 166 certificate.' 'What sentence should be imposed for aggravated break and enter and commit serious indictable offence under s 112(2) of the Crimes Act.' "Whether the offender's early guilty pleas, remorse, background, rehabilitation prospects and family hardship mitigated sentence." 'Whether special circumstances justified an extended period of supervision on parole.']

Ratio Decidendi

The offences were very serious home-invasion offending involving violence against Ms Parsons in her home, actual bodily harm, threats, and an assault involving her 14 month old child. The seriousness of the offending required substantial imprisonment, but the sentence was reduced by 25 per cent for the earliest guilty pleas and took account of genuine remorse, rehabilitation prospects and special circumstances warranting extended parole supervision.

Court Disposition

Offender sentenced to imprisonment for both offences, with an overall sentence of 7 years and an overall non-parole period of 4 years.

Orders

  • ['For the common assault appearing on the s 166 certificate, a fixed term of imprisonment of 18 months dating from 6 September 2015 was imposed.' 'For aggravated break and enter and commit serious indictable offence, a non-parole period of 3 years with a head sentence of 6 years dating from 6 September 2016 was...