R v SCOTT [2019] NSWDC 526

R v SCOTT [2019] NSWDC 526

The seriousness of three separate incidents, including domestic violence offending in breach of an order, intimidation with a firearm, armed offending in company at a family home, multiple victims, offending while on bail and on a bond, and the offender's prior record required a substantial custodial aggregate sentence. Partial accumulation was necessary to reflect separate criminality, but totality, the offender's deprived background, psychological issues, rehabilitation needs, late pleas, parity considerations and special circumstances justified an aggregate sentence of seven years and three months with a non-parole period of four years and three months and a three-year parole period.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas Entered During Trial and Before a Further Listed Trial
Outcome
Aggregate sentence of seven years and three months imprisonment with a non-parole period of four years and three months, commencing on 8 June 2018; eligible for consideration for release to parole on 7 September 2022; total sentence to expire on 7 September 2025.
Legal Topics
['late Guilty Plea' 'multiple Incidents' 'firearms and Offensive Weapons' 'intimidation' 'assault Occasioning Actual Bodily Harm' 'demand Money in Company With Menaces With Intent to Steal' 'breach of Apprehended Violence Order' 'accumulation and Concurrence' 'totality' 'parity' 'special Circumstances' 'rehabilitation']
['criminal Law' 'sentencing' 'domestic Violence'] ['late Guilty Plea' 'multiple Incidents' 'firearms and Offensive Weapons' 'intimidation' 'assault Occasioning Actual Bodily Harm' 'demand Money in Company With Menaces With Intent to Steal' 'breach of Apprehended Violence Order' 'accumulation and Concurrence' 'totality' 'parity' 'special Circumstances' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas Entered During Trial and Before a Further Listed Trial

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for offences arising from the Lake Illawarra, Cringila and Woonona incidents.' 'How the court should assess objective seriousness where multiple victims were affected, a firearm and knife were used, offending occurred at a home, and domestic violence offending occurred in breach of an order.' "What weight should be given to late guilty pleas, the offender's criminal history, offending while on bail and on a bond, deprived background, drug use, rehabilitation prospects, victim requests for mercy, parity with the co-offender, and special circumstances." 'How accumulation, concurrence and totality should be applied across multiple offences and incidents.']

Ratio Decidendi

The seriousness of three separate incidents, including domestic violence offending in breach of an order, intimidation with a firearm, armed offending in company at a family home, multiple victims, offending while on bail and on a bond, and the offender's prior record required a substantial custodial aggregate sentence. Partial accumulation was necessary to reflect separate criminality, but totality, the offender's deprived background, psychological issues, rehabilitation needs, late pleas, parity considerations and special circumstances justified an aggregate sentence of seven years and three months with a non-parole period of four years and three months and a three-year parole period.

Court Disposition

Aggregate sentence of seven years and three months imprisonment with a non-parole period of four years and three months, commencing on 8 June 2018; eligible for consideration for release to parole on 7 September 2022; total sentence to expire on 7 September 2025.

Orders

  • ['For damage property, s 195 offence, an indicated sentence of 11 months.' 'For stalk and intimidate, s 13 offence, an indicated sentence of one year and ten months.' 'For using an offensive weapon with intent, s 33B(1)(a) offence at Cringila, an indicated sentence of two years and ten months.' 'For use offensive...