R v Tran [2020] NSWDC 723

R v Tran [2020] NSWDC 723

The offender's act of choking her domestic partner with intent to inflict grievous bodily harm, leading to unconsciousness, was found to satisfy the elements of s 37(2) of the Crimes Act. Objective seriousness, though serious, fell below mid-range due to mitigating mental health circumstances, warranting a three year sentence with a non-parole period of 18 months and special circumstances found for supervision.

Jurisdiction
Australia
Judgment Date
25 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
['sentencing' 'violent Offences' 'domestic Violence' 'choking, Suffocation or Strangulation' 'mental Health']
['criminal Law'] ['sentencing' 'violent Offences' 'domestic Violence' 'choking, Suffocation or Strangulation' 'mental Health']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for choking with intent to commit an indictable offence under Crimes Act s 37(2)' 'Whether objective seriousness of the offence falls below mid-range for offences of this kind' 'Consideration of special circumstances under s 5']

Ratio Decidendi

The offender's act of choking her domestic partner with intent to inflict grievous bodily harm, leading to unconsciousness, was found to satisfy the elements of s 37(2) of the Crimes Act. Objective seriousness, though serious, fell below mid-range due to mitigating mental health circumstances, warranting a three year sentence with a non-parole period of 18 months and special circumstances found for supervision.

Court Disposition

conviction and custodial sentence

Orders

  • ['Thi Tran is convicted of choking with intent to commit another indictable offence.' 'Minimum term of 18 months imprisonment, backdated by seven months.' 'Additional term of 18 months supervision, totaling three years.' 'Conviction recorded for breach of apprehended domestic violence order, otherwise dismissed...