R v Van Drunen [2019] NSWDC 411

R v Van Drunen [2019] NSWDC 411

The reckless wounding and assault occasioning actual bodily harm were domestic violence offences of middle-range objective seriousness involving serious violence, choking, repeated blows to the victim's head with a mobile phone, and significant physical and emotional harm. Although the offender's mental health issues and childhood deprivation moderated the otherwise appropriate sentence and special circumstances justified varying the statutory ratio, his prior history, the need for deterrence, denunciation and protection, and the objective seriousness of the offending required full-time imprisonment rather than an intensive corrections order. The property damage offence was at the lower...

Jurisdiction
Australia
Judgment Date
06 August 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was convicted of all offences. For reckless wounding and assault occasioning actual bodily harm he received a total aggregate sentence of full-time imprisonment. For destroy or damage property he was ordered to comply with a Community Corrections Order.
Legal Topics
['reckless Wounding' 'assault Occasioning Actual Bodily Harm' 'destroy or Damage Property' 'domestic Violence' 'mental Health in Sentencing' 'special Circumstances' 'aggregate Sentence' 'community Corrections Order']
['criminal Law' 'sentencing'] ['reckless Wounding' 'assault Occasioning Actual Bodily Harm' 'destroy or Damage Property' 'domestic Violence' 'mental Health in Sentencing' 'special Circumstances' 'aggregate Sentence' 'community Corrections Order']

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 After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for reckless wounding, assault occasioning actual bodily harm, and destroy or damage property committed in a domestic relationship.' "Whether the offender's mental health issues and childhood deprivation moderated moral culpability, deterrence and the onerousness of custody." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and parole period.' 'Whether the aggregate sentence could be served by way of an intensive corrections order rather than full-time imprisonment.']

Ratio Decidendi

The reckless wounding and assault occasioning actual bodily harm were domestic violence offences of middle-range objective seriousness involving serious violence, choking, repeated blows to the victim's head with a mobile phone, and significant physical and emotional harm. Although the offender's mental health issues and childhood deprivation moderated the otherwise appropriate sentence and special circumstances justified varying the statutory ratio, his prior history, the need for deterrence, denunciation and protection, and the objective seriousness of the offending required full-time imprisonment rather than an intensive corrections order. The property damage offence was at the lower...

Court Disposition

The offender was convicted of all offences. For reckless wounding and assault occasioning actual bodily harm he received a total aggregate sentence of full-time imprisonment. For destroy or damage property he was ordered to comply with a Community Corrections Order.

Orders

  • ['In relation to each offence the offender is convicted.' 'In respect of the offences of reckless wounding and assault occasioning actual bodily harm the offender is sentenced to a total aggregate sentence of 2 years and 9 months to date from 7 July 2019 and expire on 6 April 2022 with a non-parole period of 1 year...