R v Toufa [2019] NSWDC 438

R v Toufa [2019] NSWDC 438

An aggregate custodial sentence was required because the offending comprised objectively serious domestic violence and related offences, some committed in breach of an apprehended domestic violence order and while the offender was on conditional liberty, requiring denunciation and deterrence. The sentence had to reflect separate episodes of criminality and totality, while special circumstances justified reducing the statutory ratio due to the offender's need for lengthy rehabilitation and supervision.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Criminal Sentencing / Sentence
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 4 years and 6 months with a non-parole period of 2 years and 9 months.
Legal Topics
['domestic Violence' 'breach of Apprehended Domestic Violence Order' 'conditional Liberty' 'multiple Offences' 'aggregate Sentence' 'pre Sentence Reports' 'drug Addiction' 'health Issues' 'special Circumstances']
['criminal Law' 'sentencing'] ['domestic Violence' 'breach of Apprehended Domestic Violence Order' 'conditional Liberty' 'multiple Offences' 'aggregate Sentence' 'pre Sentence Reports' 'drug Addiction' 'health Issues' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for multiple offences arising from domestic violence incidents, including offences committed in breach of an apprehended domestic violence order and while on conditional liberty.' 'Whether aggravating features included offending while on conditional liberty, prior offending history, and count 2 being committed in company.' 'How totality and accumulation should be applied across offences committed on different days and in separate episodes of criminality.' 'Whether special circumstances justified a reduction in the statutory ratio between the aggregate term and the non-parole period.']

Ratio Decidendi

An aggregate custodial sentence was required because the offending comprised objectively serious domestic violence and related offences, some committed in breach of an apprehended domestic violence order and while the offender was on conditional liberty, requiring denunciation and deterrence. The sentence had to reflect separate episodes of criminality and totality, while special circumstances justified reducing the statutory ratio due to the offender's need for lengthy rehabilitation and supervision.

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 4 years and 6 months with a non-parole period of 2 years and 9 months.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of imprisonment of 4 years, 6 months is imposed, commencing on 27 May 2017 and expiring on 26 November 2021.' 'A non-parole period of 2 years, 9 months is imposed, expiring on 26 February 2020; the offender is eligible for release to parole on that...