R v Paulson [2024] NSWDC 332

R v Paulson [2024] NSWDC 332

The offender's repeated domestic violence and related public justice offending against his former partner, committed in breach of apprehended domestic violence orders and while on parole, required a custodial aggregate sentence giving significant weight to specific and general deterrence, denunciation and protection of the victim and community. Although the detaining and intimidation offences were assessed below the mid-range or just below the mid-range, and the offender's guilty pleas, remorse, rehabilitation efforts and Bugmy factors were mitigating, those matters were outweighed by the seriousness of the offending, history of similar offending and guarded rehabilitation prospects....

Jurisdiction
Australia
Judgment Date
01 May 2024
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Aggregate sentence of 3 years and 6 months imprisonment with a non-parole period of 2 years and 3 months.
Legal Topics
['domestic Violence' 'detain for Advantage' 'stalking or Intimidation' 'contravention of Apprehended Domestic Violence Order' 'attempt to Influence a Witness' 'aggravating Factors' 'mitigating Factors' 'bugmy Considerations' 'remorse and Rehabilitation']
['criminal Law' 'sentencing'] ['domestic Violence' 'detain for Advantage' 'stalking or Intimidation' 'contravention of Apprehended Domestic Violence Order' 'attempt to Influence a Witness' 'aggravating Factors' 'mitigating Factors' 'bugmy Considerations' 'remorse and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for detaining a person with intention to obtain advantage contrary to s 86(1)(b) of the Crimes Act 1900 in a domestic violence context.' 'What sentence should be imposed for intimidation intending to cause fear of physical or mental harm contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007.' 'What sentence should be imposed for repeated contraventions of apprehended domestic violence orders contrary to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007.' 'What sentence should be imposed for doing an act with the intention of influencing a witness to procure an acquittal contrary to s 323(a) of the Crimes Act 1900.' "How the offender's pleas of guilty, prior convictions, parole status, remorse, rehabilitation, Aboriginal background and deprived childhood should affect sentence." 'How totality and time already served, including time attributable to parole revocation and Local Court sentences, should affect commencement of the aggregate sentence.']

Ratio Decidendi

The offender's repeated domestic violence and related public justice offending against his former partner, committed in breach of apprehended domestic violence orders and while on parole, required a custodial aggregate sentence giving significant weight to specific and general deterrence, denunciation and protection of the victim and community. Although the detaining and intimidation offences were assessed below the mid-range or just below the mid-range, and the offender's guilty pleas, remorse, rehabilitation efforts and Bugmy factors were mitigating, those matters were outweighed by the seriousness of the offending, history of similar offending and guarded rehabilitation prospects....

Court Disposition

Aggregate sentence of 3 years and 6 months imprisonment with a non-parole period of 2 years and 3 months.

Orders

  • ['The aggregate head sentence is 3 years and 6 months.' 'The non-parole period is 2 years and 3 months.' 'The sentence and non-parole period commence on 26 November 2022.' 'The offender will be eligible for release on 25 February 2025.' 'The additional term of 1 year and 3 months will expire on 25 May 2026.']