R v MJ [2016] NSWDC 272

R v MJ [2016] NSWDC 272

The offender's repeated, serious domestic violence offending, including aggravated sexual intercourse without consent, multiple assaults causing injury, intimidation connected with a false statutory declaration, breaches of an apprehended violence order, and offending while on bail and bonds, required a substantial aggregate custodial sentence. Although his damaging upbringing, rehabilitation efforts and time in quasi custody reduced the sentence, the objective gravity of the offences, foreseeable physical and psychological harm to the victim, and the need for general and specific deterrence justified a non-parole period of 10.5 years and head sentence of 14 years.

Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdicts of Guilty on Indictment and Pleas of Guilty to Related Matters
Outcome
Aggregate sentence imposed consisting of a non-parole period of 10.5 years with a head sentence of 14 years, commencing 22 October 2015; offender eligible for parole on 21 April 2026. For each of the 3 offences of drive while disqualified, the offender was disqualified from driving for 2 years to be served...
Legal Topics
['domestic Violence' 'assault Occasioning Actual Bodily Harm' 'aggravated Sexual Intercourse Without Consent' 'common Assault' 'contravention of Apprehended Violence Order' 'drive While Disqualified' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['domestic Violence' 'assault Occasioning Actual Bodily Harm' 'aggravated Sexual Intercourse Without Consent' 'common Assault' 'contravention of Apprehended Violence Order' 'drive While Disqualified' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdicts of Guilty on Indictment and Pleas of Guilty to Related Matters

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for multiple domestic violence offences committed against Ms M and related driving and apprehended violence order offences.' 'How to assess the objective seriousness of repeated domestic violence offending, including offending committed in breach of an apprehended violence order and in the presence of a child.' "What weight should be given to the offender's background, drug rehabilitation, quasi custody, need for specific and general deterrence, and absence of special circumstances."]

Ratio Decidendi

The offender's repeated, serious domestic violence offending, including aggravated sexual intercourse without consent, multiple assaults causing injury, intimidation connected with a false statutory declaration, breaches of an apprehended violence order, and offending while on bail and bonds, required a substantial aggregate custodial sentence. Although his damaging upbringing, rehabilitation efforts and time in quasi custody reduced the sentence, the objective gravity of the offences, foreseeable physical and psychological harm to the victim, and the need for general and specific deterrence justified a non-parole period of 10.5 years and head sentence of 14 years.

Court Disposition

Aggregate sentence imposed consisting of a non-parole period of 10.5 years with a head sentence of 14 years, commencing 22 October 2015; offender eligible for parole on 21 April 2026. For each of the 3 offences of drive while disqualified, the offender was disqualified from driving for 2 years to be served...

Orders

  • ['An aggregate sentence consisting of a non-parole period of 10½ years with a head sentence of 14 years is imposed.' 'The aggregate sentence is to date from 22 October 2015.' 'MJ is eligible to be released to parole on 21 April 2026.' 'For each of the 3 offences of drive while disqualified the offender is...