R v Mabb [2017] NSWDC 225

R v Mabb [2017] NSWDC 225

The aggregate sentence was imposed due to the objective seriousness of the offending, particularly in a domestic violence context involving threats and intrusion into a victim's home while on bail and in presence of children, balanced with special circumstances arising from the offender's diagnosed mental illness and need for psychiatric care, and reduced to reflect a late guilty plea.

Jurisdiction
Australia
Judgment Date
08 June 2017
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2 years with a head sentence of 4 years. Apprehended Violence Order for 2 years. s166 certificate matters withdrawn and dismissed. Severity appeals dismissed.
Legal Topics
['sentence' 'aggravated Break and Enter' 'use Carriage Service to Menace' 'domestic Violence' 'intimidation']
['criminal Law'] ['sentence' 'aggravated Break and Enter' 'use Carriage Service to Menace' 'domestic Violence' 'intimidation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break and enter and use carriage service to menace in domestic violence context' 'Effect of mental illness on sentencing' 'Aggravating factors relevant to offence']

Ratio Decidendi

The aggregate sentence was imposed due to the objective seriousness of the offending, particularly in a domestic violence context involving threats and intrusion into a victim's home while on bail and in presence of children, balanced with special circumstances arising from the offender's diagnosed mental illness and need for psychiatric care, and reduced to reflect a late guilty plea.

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2 years with a head sentence of 4 years. Apprehended Violence Order for 2 years. s166 certificate matters withdrawn and dismissed. Severity appeals dismissed.

Orders

  • ['Aggregate sentence: non-parole period of 2 years from 27 September 2015 with total head sentence of 4 years' 'Non-parole period expires 26 September 2017 (eligible for parole)' 'Finding of special circumstances for long-term psychiatric care' 'Apprehended Violence Order for 2 years from 8 June 2017 with specific...