R v Dates [2024] NSWDC 628

R v Dates [2024] NSWDC 628

Aggregate imprisonment of 3 years 6 months (with 2 years 6 months non-parole period), reflecting seriousness and accumulation for multiple victims and offences committed in single incident, tempered by reduced moral culpability, finding of special circumstances, and need for rehabilitation.

Parties
Crown: NSW DPP; Offender: Kelvin Dates
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Common Assault, Intimidation, Reckless Wounding, Contravene AVO, Sentencing
Criminal Law Common Assault Intimidation Reckless Wounding Contravene AVO Sentencing

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Parties

NSW DPP

Crown

Kelvin Dates

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for common assault, intimidation, reckless wounding, and breach of Apprehended Domestic Violence Order
  2. 2 Application of Bugmy principles in sentencing
  3. 3 Assessment of objective and subjective seriousness

Ratio Decidendi

Aggregate imprisonment of 3 years 6 months (with 2 years 6 months non-parole period), reflecting seriousness and accumulation for multiple victims and offences committed in single incident, tempered by reduced moral culpability, finding of special circumstances, and need for rehabilitation.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Aggregate sentence of 3 years 6 months imprisonment (13/12/23–12/6/27)
  • Non-parole period of 2 years 6 months (expires 12/6/26)