R v Benjamin Hayward [2016] NSWDC 67

R v Benjamin Hayward [2016] NSWDC 67

The offender's conduct was below mid-range of objective seriousness for take/detain for advantage and intimidation, but remained serious. Aggravating features included threatened use of weapons, violence, presence of children, and offending while on conditional liberty. Mitigating factors included early guilty plea and mental health issues. The totality principle required concurrent sentences as offences arose from the same incident. Special circumstances were found due to long-standing mental health issues. The criminal record and nature of offending warranted full-time custodial sentences, with a non-parole period reflecting prospects of rehabilitation and supervision needs.

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['sentencing' 'domestic Violence' 'take and Detain for Advantage' 'intimidation']
['criminal Law'] ['sentencing' 'domestic Violence' 'take and Detain for Advantage' 'intimidation']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for offences of take/detain for advantage and intimidation arising from domestic violence circumstances?' "How do aggravating and mitigating factors, including offender's mental health and prior criminal record, affect sentencing?" 'Application of totality principle and concurrency of sentences in context of related offences committed in one episode.']

Ratio Decidendi

The offender's conduct was below mid-range of objective seriousness for take/detain for advantage and intimidation, but remained serious. Aggravating features included threatened use of weapons, violence, presence of children, and offending while on conditional liberty. Mitigating factors included early guilty plea and mental health issues. The totality principle required concurrent sentences as offences arose from the same incident. Special circumstances were found due to long-standing mental health issues. The criminal record and nature of offending warranted full-time custodial sentences, with a non-parole period reflecting prospects of rehabilitation and supervision needs.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['Convicted of both charges under s 86 of Crimes Act 1900 and s 13(1) of Crimes (Domestic and Personal Violence) Act 2007.' 'Sentence for s 86 offence: non-parole period of 18 months commencing 7 November 2015, expiring 6 May 2017; additional term of 9 months from 7 May 2017 to 6 February 2018; total term 2 years...