R v Saunders [2021] NSWDC 530

R v Saunders [2021] NSWDC 530

The objective seriousness of Count 1, including the domestic violence context, the choking until unconsciousness and the Form 1 offending, required imprisonment, and Count 4 also required imprisonment. Although the offender was remorseful, had good rehabilitation prospects, was unlikely to reoffend and had health issues, only full-time custody could properly address punishment, denunciation, general deterrence and recognition of the harm done to the victim. Counts 3 and 5 did not cross the custodial threshold and were appropriately dealt with by community correction orders. Special circumstances were established because it was the offender's first time in custody, justifying a reduced...

Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea
Outcome
Aggregate sentence of 3 years imprisonment with a non-parole period of 1 year and 6 months for Counts 1 and 4, and community correction orders for Counts 3 and 5.
Legal Topics
['domestic Violence' 'intentionally Choking and Rendering Unconscious' 'assault Occasioning Actual Bodily Harm' 'intimidation With Intent to Cause Fear of Physical or Mental Harm' 'remorse' 'general Deterrence' 'specific Deterrence' 'hardship to Third Parties' 'health Issues' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['domestic Violence' 'intentionally Choking and Rendering Unconscious' 'assault Occasioning Actual Bodily Harm' 'intimidation With Intent to Cause Fear of Physical or Mental Harm' 'remorse' 'general Deterrence' 'specific Deterrence' 'hardship to Third Parties' 'health Issues' 'special Circumstances' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's domestic violence offences after his guilty plea." 'Whether imprisonment was the only appropriate penalty for Counts 1 and 4.' 'Whether Counts 3 and 5 crossed the custodial threshold.' 'Whether an intensive correction order was appropriate for the aggregate sentence.' 'Whether special circumstances justified varying the ratio between the non-parole period and the parole period.' "Whether hardship to third parties and the offender's medical conditions mitigated sentence."]

Ratio Decidendi

The objective seriousness of Count 1, including the domestic violence context, the choking until unconsciousness and the Form 1 offending, required imprisonment, and Count 4 also required imprisonment. Although the offender was remorseful, had good rehabilitation prospects, was unlikely to reoffend and had health issues, only full-time custody could properly address punishment, denunciation, general deterrence and recognition of the harm done to the victim. Counts 3 and 5 did not cross the custodial threshold and were appropriately dealt with by community correction orders. Special circumstances were established because it was the offender's first time in custody, justifying a reduced...

Court Disposition

Aggregate sentence of 3 years imprisonment with a non-parole period of 1 year and 6 months for Counts 1 and 4, and community correction orders for Counts 3 and 5.

Orders

  • ['In relation to Counts 1 and 4 on the indictment, the offender is convicted.' 'Taking into account the Form 1 offences, the offender is sentenced to a total aggregate sentence of 3 years imprisonment to date from 11 May 2021 and expire on 10 May 2024.' 'A non-parole period of 1 year and 6 months is imposed to date...