R v Peifeng Yu [2016] NSWDC 257

R v Peifeng Yu [2016] NSWDC 257

The offences were serious domestic violence offences involving escalating violence, humiliation, burns, choking and threats against the victim, with children present or nearby. The offender's guilty pleas, youth, lack of prior convictions and some rehabilitation factors mitigated sentence, but his limited insight, limited remorse, seriousness of the assaults, need for general deterrence and serious ADVO breach required terms of imprisonment, structured with partial concurrency and accumulation to reflect total criminality.

Jurisdiction
Australia
Judgment Date
18 January 2016
Procedural Posture
Criminal Sentence / Sentencing Following Guilty Pleas in the Local Court
Outcome
Offender convicted and sentenced to terms of imprisonment on the ADVO breach and the substantive domestic violence offences.
Legal Topics
['intentionally Choking With Recklessness' 'assault Occasioning Actual Bodily Harm' 'intimidation With Intention to Cause Fear of Physical or Mental Harm' 'contravention of Apprehended Domestic Violence Order' 'general Deterrence' 'guilty Plea Discount' 'form 1 Offence' 'concurrency and Accumulation']
['criminal Law' 'sentencing' 'domestic Violence'] ['intentionally Choking With Recklessness' 'assault Occasioning Actual Bodily Harm' 'intimidation With Intention to Cause Fear of Physical or Mental Harm' 'contravention of Apprehended Domestic Violence Order' 'general Deterrence' 'guilty Plea Discount' 'form 1 Offence' 'concurrency and Accumulation']

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Procedural Posture

Criminal Sentence / Sentencing Following Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentences should be imposed for domestic violence offences of intimidation, two assaults occasioning actual bodily harm, and intentionally choking with recklessness, with a Form 1 assault offence taken into account.' 'What sentence should be imposed for the related offence of contravening an apprehended domestic violence order by contacting the victim from custody.' 'How objective seriousness, domestic violence context, presence and impact on children, guilty pleas, absence of prior convictions, limited remorse and insight, drug use, rehabilitation prospects, and totality should affect sentence.']

Ratio Decidendi

The offences were serious domestic violence offences involving escalating violence, humiliation, burns, choking and threats against the victim, with children present or nearby. The offender's guilty pleas, youth, lack of prior convictions and some rehabilitation factors mitigated sentence, but his limited insight, limited remorse, seriousness of the assaults, need for general deterrence and serious ADVO breach required terms of imprisonment, structured with partial concurrency and accumulation to reflect total criminality.

Court Disposition

Offender convicted and sentenced to terms of imprisonment on the ADVO breach and the substantive domestic violence offences.

Orders

  • ['For the s 166 related offence, breach ADVO, the offender is convicted and sentenced to a fixed term of imprisonment of 3 months commencing 25 January 2015 expiring 24 April 2015.' 'For sequence 5, assault occasioning actual bodily harm, the offender is sentenced to a fixed term of imprisonment of 12 months...