R v Jeffreys [2016] NSWDC 433

R v Jeffreys [2016] NSWDC 433

The offender's guilty pleas had substantial utilitarian value in the Super Callover context and justified an approximately 20% discount, but no further discount for remorse was available. Having regard to the seriousness of the witness-influence offence, the domestic context and injury for the assault, the offender's record, reasonable prospects of rehabilitation, totality, the purposes of sentencing, and special circumstances requiring an extended supervised parole period, an aggregate custodial sentence of 30 months with a 20 month non-parole period was appropriate.

Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 30 months with a non-parole period of 20 months; released to parole on 25 May 2016; s 166 certificate matter taken into account with conviction but no punishment under s 10A.
Legal Topics
['discount for Guilty Plea During Super Callover' 'assault Occasioning Actual Bodily Harm' 'doing an Act With the Intention of Influencing a Witness to Give False Evidence' 'breach of Avo' 's 166 Certificate' 'aggregate Sentence' 'non Parole Period' 'parole']
['criminal Law' 'sentencing'] ['discount for Guilty Plea During Super Callover' 'assault Occasioning Actual Bodily Harm' 'doing an Act With the Intention of Influencing a Witness to Give False Evidence' 'breach of Avo' 's 166 Certificate' 'aggregate Sentence' 'non Parole Period' 'parole']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for assault occasioning actual bodily harm and doing an act with the intention of influencing a witness to give false evidence after guilty pleas entered almost four months before trial.' 'What discount should be allowed for the utilitarian value of the guilty pleas in the circumstances of the Parramatta Super Callover and District Court backlog.' 'Whether a discount for remorse was available.' 'Whether special circumstances justified an extended period of supervised parole.' 'How the s 166 certificate matter involving breach of an AVO should be dealt with.']

Ratio Decidendi

The offender's guilty pleas had substantial utilitarian value in the Super Callover context and justified an approximately 20% discount, but no further discount for remorse was available. Having regard to the seriousness of the witness-influence offence, the domestic context and injury for the assault, the offender's record, reasonable prospects of rehabilitation, totality, the purposes of sentencing, and special circumstances requiring an extended supervised parole period, an aggregate custodial sentence of 30 months with a 20 month non-parole period was appropriate.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 30 months with a non-parole period of 20 months; released to parole on 25 May 2016; s 166 certificate matter taken into account with conviction but no punishment under s 10A.

Orders

  • ['Shannon Douglas Jeffreys is convicted on counts 1 and 2 and sentenced to an aggregate term of imprisonment of 30 months to commence on 26 September 2014.' 'The Court fixes a non-parole period of 20 months and orders release to parole on 25 May 2016, subject to supervision and further supervision as provided for in...