R v Baradi [2017] NSWDC 175

R v Baradi [2017] NSWDC 175

The offender's premeditated domestic-violence offending, committed while on conditional liberty, involved breaking into an occupied hotel room and detaining the victim by dragging her from the room. The aggravated break and enter and the common assault were assessed as slightly below the mid-range of objective seriousness. Full-time custody was required, with allowance for the early guilty plea, prospects of rehabilitation, harsher custody risk on protection, first time in custody and partial accumulation.

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea and Breach of Bond
Outcome
The order suspending the sentence of imprisonment for the earlier common assault was revoked, and the offender was sentenced to fixed terms for the common assault offences and to a head sentence with a non-parole period for aggravated break, enter and detain for advantage.
Legal Topics
['sentencing' 'breach of Bond' 'conditional Liberty' 'domestic Violence' 'aggravated Break, Enter and Detain for Advantage' 'common Assault' 'premeditation' 'general Deterrence' 'specific Deterrence']
['criminal Law'] ['sentencing' 'breach of Bond' 'conditional Liberty' 'domestic Violence' 'aggravated Break, Enter and Detain for Advantage' 'common Assault' 'premeditation' 'general Deterrence' 'specific Deterrence']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea and Breach of Bond

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and detain for advantage knowing that there were people inside.' 'What sentence should be imposed for common assault on Ms Poskovic.' "How the court should deal with the breach of bond arising from the Local Court's suspended sentence for common assault." 'Whether full-time custody was required, and how objective seriousness, conditional liberty, guilty plea, rehabilitation prospects and special circumstances affected sentence.']

Ratio Decidendi

The offender's premeditated domestic-violence offending, committed while on conditional liberty, involved breaking into an occupied hotel room and detaining the victim by dragging her from the room. The aggravated break and enter and the common assault were assessed as slightly below the mid-range of objective seriousness. Full-time custody was required, with allowance for the early guilty plea, prospects of rehabilitation, harsher custody risk on protection, first time in custody and partial accumulation.

Court Disposition

The order suspending the sentence of imprisonment for the earlier common assault was revoked, and the offender was sentenced to fixed terms for the common assault offences and to a head sentence with a non-parole period for aggravated break, enter and detain for advantage.

Orders

  • ['For the offence of common assault following the breach of bond, the order suspending that sentence of imprisonment is revoked.' 'For the offence of common assault following the breach of bond, a sentence of imprisonment of eight months is imposed to date from 27 July 2016.' "For the assault on Ms Poskovic, a...