R v Stenzel [2022] NSWDC 756

R v Stenzel [2022] NSWDC 756

An aggregate custodial sentence and non-parole period are justified for multiple domestic violence offences, taking into account objective seriousness, breach of orders, extensive criminal history, and the need for public protection, but tempered by significant mitigating factors including Aboriginality, profound childhood deprivation, mental health, and COVID-19 impacts. Leniency is extended to avoid crushing hope for rehabilitation, but the sentence must denounce conduct, protect the community, and reflect the harm done.

Parties
Offender: Shay-Lin Stenzel; Crown: Director of Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
21 April 2022
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment with non-parole period
Legal Topics
Domestic Violence Offences, Assault Occasioning Actual Bodily Harm, Contravention of Apprehended Domestic Violence Order, Driving While Disqualified, Police Pursuit, Sentencing Considerations, Aggregate Sentences, Aggravating and Mitigating Factors, Aboriginal Offender, Mental Health and Childhood Deprivation in Sentencing
Criminal Law Domestic Violence Offences Assault Occasioning Actual Bodily Harm Contravention of Apprehended Domestic Violence Order Driving While Disqualified Police Pursuit Sentencing Considerations Aggregate Sentences +3 more

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Parties

Shay-Lin Stenzel

Offender

Director of Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Objective seriousness of offences including detention and assault
  2. 2 Appropriate penalty in light of mitigating and aggravating factors
  3. 3 Impact of Aboriginal background and childhood deprivation on moral culpability

Ratio Decidendi

An aggregate custodial sentence and non-parole period are justified for multiple domestic violence offences, taking into account objective seriousness, breach of orders, extensive criminal history, and the need for public protection, but tempered by significant mitigating factors including Aboriginality, profound childhood deprivation, mental health, and COVID-19 impacts. Leniency is extended to avoid crushing hope for rehabilitation, but the sentence must denounce conduct, protect the community, and reflect the harm done.

Court Disposition

Aggregate sentence of imprisonment with non-parole period

Orders

  • Aggregate sentence of 4 years and 3 months imprisonment, commencing 28 October 2020.
  • Non-parole period of 2 years and 9 months, eligible for parole on 27 July 2023.