R v Maranda [2020] NSWDC 696

R v Maranda [2020] NSWDC 696

The appropriate aggregate sentence for the offender, after taking into account the principal offence, the Form 1 intimidation offence, and the summary offences, and applying the relevant discount for early guilty pleas, is imprisonment of 3 years and 6 months, with a non-parole period of 2 years. The sentence reflects the seriousness of domestic violence, the objective gravity of the conduct, the need for specific and general deterrence in light of the offender's prior record, and the mitigating factor of early plea but not drug use by personal choice.

Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment of 3 years 6 months with a non-parole period of 2 years imposed; guilty pleas entered; convictions recorded on all charges.
Legal Topics
['domestic Violence' 'stalking or Intimidation' 'property Offences' 'aggravated Entry' 'sentencing' 'form 1 Offences' 'goods in Custody' 'custody of a Knife']
['criminal Law'] ['domestic Violence' 'stalking or Intimidation' 'property Offences' 'aggravated Entry' 'sentencing' 'form 1 Offences' 'goods in Custody' 'custody of a Knife']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for aggravated entering a dwelling house with intent to intimidate, taking into account the Form 1 offence of intimidation and summary offences of knife possession and goods in custody?']

Ratio Decidendi

The appropriate aggregate sentence for the offender, after taking into account the principal offence, the Form 1 intimidation offence, and the summary offences, and applying the relevant discount for early guilty pleas, is imprisonment of 3 years and 6 months, with a non-parole period of 2 years. The sentence reflects the seriousness of domestic violence, the objective gravity of the conduct, the need for specific and general deterrence in light of the offender's prior record, and the mitigating factor of early plea but not drug use by personal choice.

Court Disposition

Aggregate sentence of imprisonment of 3 years 6 months with a non-parole period of 2 years imposed; guilty pleas entered; convictions recorded on all charges.

Orders

  • ['Convictions recorded for each pleaded offence' 'Aggregate sentence of 3 years 6 months imprisonment imposed' 'Non-parole period of 2 years commencing 15 January 2020, expiring 14 January 2022' 'Parole period of 1 year and 6 months expiring 14 July 2023' 'Exhibits to remain on file']