R v Tilley [2023] NSWDC 496

R v Tilley [2023] NSWDC 496

The offending was objectively serious because the offender entered his former partner's home intending to intimidate her, assaulted her with a phone, took her property, breached an Apprehended Domestic Violence Order and offended while on parole, in circumstances involving coercive control, prior offending against the same victim and distress to a child. Although the offender's youth, immaturity, deprived and violent upbringing, sexual assault in juvenile detention, early guilty pleas and rehabilitation needs reduced moral culpability and justified special circumstances, the seriousness of the domestic violence offending and need for punishment, denunciation, deterrence and protection of...

Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Aggregate sentence of 2 years and 9 months imprisonment imposed with a non-parole period of 1 year and 8 months commencing on 2 December 2022; offender eligible for parole on 1 August 2024; Final Apprehended Domestic Violence Order extended for 2 years.
Legal Topics
['domestic Violence Offence' 'break and Enter With Intent to Commit Serious Indictable Offence' 'intimidation' 'larceny' 'common Assault' 'contravention of Apprehended Domestic Violence Order' 'aggregate Sentence' 'form 1 Offence' 'special Circumstances' 'totality' 'plea of Guilty' 'youth and Immaturity' 'childhood Deprivation']
['criminal Law' 'sentencing'] ['domestic Violence Offence' 'break and Enter With Intent to Commit Serious Indictable Offence' 'intimidation' 'larceny' 'common Assault' 'contravention of Apprehended Domestic Violence Order' 'aggregate Sentence' 'form 1 Offence' 'special Circumstances' 'totality' 'plea of Guilty' 'youth and Immaturity' 'childhood Deprivation']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for aggravated enter dwelling with attempt to commit serious indictable offence, larceny, common assault and contravention of an Apprehended Domestic Violence Order.' 'How the Form 1 intimidation offence should be taken into account on sentence for the principal offence.' 'How accumulation and concurrency should be structured in light of existing sentences, parole breach, totality and special circumstances.' "What weight should be given to aggravating factors including prior offending against the victim, breach of parole, breach of an Apprehended Domestic Violence Order, offending in the victim's home and the presence of a child." 'What weight should be given to mitigating factors including early guilty pleas, youth, immaturity, childhood deprivation, exposure to domestic violence, sexual assault in juvenile detention, drug use history and rehabilitation prospects.']

Ratio Decidendi

The offending was objectively serious because the offender entered his former partner's home intending to intimidate her, assaulted her with a phone, took her property, breached an Apprehended Domestic Violence Order and offended while on parole, in circumstances involving coercive control, prior offending against the same victim and distress to a child. Although the offender's youth, immaturity, deprived and violent upbringing, sexual assault in juvenile detention, early guilty pleas and rehabilitation needs reduced moral culpability and justified special circumstances, the seriousness of the domestic violence offending and need for punishment, denunciation, deterrence and protection of...

Court Disposition

Aggregate sentence of 2 years and 9 months imprisonment imposed with a non-parole period of 1 year and 8 months commencing on 2 December 2022; offender eligible for parole on 1 August 2024; Final Apprehended Domestic Violence Order extended for 2 years.

Orders

  • ['For the s 111(2) matter, an indicative sentence of 2 years and 3 months imprisonment, taking into account the Form 1 matter.' 'For larceny, an indicative sentence of 4 months imprisonment.' 'For common assault, an indicative sentence of 9 months imprisonment.' 'For contravention of the Apprehended Domestic...