R v Hayes [2022] NSWDC 400

R v Hayes [2022] NSWDC 400

The offender was sentenced to an aggregate term of imprisonment for four years with a non-parole period of three years for stalking and entering a dwelling with intent to commit stalking, offences assessed at mid-range objective seriousness. Notwithstanding the assertion of motivation to return to prison, the court found the offending to be predatory and serious, motivated by sexual interest, and not supported by evidence of intent merely to be caught. The subjective features of background disadvantage and asserted mental impairment did not warrant special circumstances or reduction below the full-time custodial threshold, given the ongoing danger posed by the offender and the...

Parties
Crown: Regina; Offender: Robert John Hayes
Jurisdiction
Australia
Judgment Date
02 August 2022
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed
Legal Topics
Property Offences, Violent Offences, Stalking or Intimidation, Entering Dwelling House With Intent, Sentencing
Criminal Law Property Offences Violent Offences Stalking or Intimidation Entering Dwelling House With Intent Sentencing

Case Brief

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Parties

Regina

Crown

Robert John Hayes

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for stalking and entering dwelling with intent to commit stalking
  2. 2 Assessment of moral culpability given offender's background
  3. 3 Whether special circumstances for sentencing exist

Ratio Decidendi

The offender was sentenced to an aggregate term of imprisonment for four years with a non-parole period of three years for stalking and entering a dwelling with intent to commit stalking, offences assessed at mid-range objective seriousness. Notwithstanding the assertion of motivation to return to prison, the court found the offending to be predatory and serious, motivated by sexual interest, and not supported by evidence of intent merely to be caught. The subjective features of background disadvantage and asserted mental impairment did not warrant special circumstances or reduction below the full-time custodial threshold, given the ongoing danger posed by the offender and the...

Court Disposition

Aggregate sentence of imprisonment imposed

Orders

  • Offender convicted on both counts
  • Aggregate sentence of 4 years imprisonment imposed, commencing 5 September 2021