R v Jerome [2021] NSWDC 741

R v Jerome [2021] NSWDC 741

The court held that the offender's repeated knife attacks on her partner, causing significant injuries and committed in breach of an Apprehended Domestic Violence Order, required a custodial sentence for punishment, denunciation, deterrence and community protection. Her Aboriginal background, exposure to violence, substance use disorder and schizophrenia reduced her moral culpability and made custody more onerous, and her early guilty pleas and need for treatment justified a finding of special circumstances, but those factors did not avoid imprisonment given the objective seriousness and risk of future harm.

Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
The offender was convicted on all three matters and sentenced to an aggregate sentence of 3 years and 4 months with a non-parole period of 2 years.
Legal Topics
['reckless Wounding' 'contravene Apprehended Domestic Violence Order' 'mental Illness and Sentencing' 'substance Use Disorder' 'early Guilty Plea' 'special Circumstances' 'totality' 'standard Non Parole Period']
['criminal Law' 'sentencing' 'domestic Violence'] ['reckless Wounding' 'contravene Apprehended Domestic Violence Order' 'mental Illness and Sentencing' 'substance Use Disorder' 'early Guilty Plea' 'special Circumstances' 'totality' 'standard Non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of reckless wounding and one count of contravening an Apprehended Domestic Violence Order.' "How the offender's schizophrenia, substance use disorder, deprived background and intoxication affected moral culpability, specific deterrence, community protection and the onerousness of custody." 'How to sentence for offending committed in breach of an Apprehended Domestic Violence Order without double counting aggravating features.' 'Whether special circumstances justified adjustment of the non-parole period.']

Ratio Decidendi

The court held that the offender's repeated knife attacks on her partner, causing significant injuries and committed in breach of an Apprehended Domestic Violence Order, required a custodial sentence for punishment, denunciation, deterrence and community protection. Her Aboriginal background, exposure to violence, substance use disorder and schizophrenia reduced her moral culpability and made custody more onerous, and her early guilty pleas and need for treatment justified a finding of special circumstances, but those factors did not avoid imprisonment given the objective seriousness and risk of future harm.

Court Disposition

The offender was convicted on all three matters and sentenced to an aggregate sentence of 3 years and 4 months with a non-parole period of 2 years.

Orders

  • ['In relation to each of the three matters the offender is convicted.' 'For the first reckless wounding (leg), the indicated sentence is 1 year 6 months with a non-parole period of 10 months.' 'For the second reckless wounding (chest), the indicated sentence is 3 years with a non-parole period of 1 year 9 months.'...