R v Duarte [2024] NSWDC 145

R v Duarte [2024] NSWDC 145

Given the seriousness of entering a dwelling with intent to intimidate in the context of domestic violence and repeated offending, as well as breaches of Apprehended Domestic Violence Orders, and the objective and subjective factors including lack of remorse, risk of re-offending, and need for community protection, only a fulltime aggregate custodial sentence of 2 years and 2 months, with a non-parole period of 1 year and 3 months, is appropriate. An Intensive Correction Order is not suitable.

Jurisdiction
Australia
Judgment Date
21 March 2024
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed.
Legal Topics
['domestic Violence' 'breach of Apprehended Domestic Violence Order' 'enter Dwelling House With Intent to Intimidate (crimes Act 1900 (nsw), S 111)' 'common Assault' 'sentencing' 'aggregate Sentence' 'special Circumstances']
['criminal Law'] ['domestic Violence' 'breach of Apprehended Domestic Violence Order' 'enter Dwelling House With Intent to Intimidate (crimes Act 1900 (nsw), S 111)' 'common Assault' 'sentencing' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Objective seriousness of entering dwelling with intent to intimidate in domestic context' 'Seriousness of breaching Apprehended Domestic Violence Order' 'Assessment of sentences for multiple offences under totality principle' 'Appropriateness of Intensive Correction Order versus full-time custody']

Ratio Decidendi

Given the seriousness of entering a dwelling with intent to intimidate in the context of domestic violence and repeated offending, as well as breaches of Apprehended Domestic Violence Orders, and the objective and subjective factors including lack of remorse, risk of re-offending, and need for community protection, only a fulltime aggregate custodial sentence of 2 years and 2 months, with a non-parole period of 1 year and 3 months, is appropriate. An Intensive Correction Order is not suitable.

Court Disposition

Aggregate sentence of imprisonment imposed.

Orders

  • ['Aggregate sentence of 2 years and 2 months’ imprisonment from 24 August 2023.' 'Non-parole period of 1 year and 3 months.' 'Parole period of 11 months, supervised, commencing 23 November 2024.' 'Release to parole on 23 November 2024, sentence to expire 23 October 2025.' 'Sentences for individual offences: 2 years...