R v Ragg [2020] NSWDC 210

R v Ragg [2020] NSWDC 210

Given the severity, multiplicity and context of domestic violence offences, the offender's history, lack of genuine remorse, high risk of reoffending, and substantial impact on the victim, a lengthy aggregate sentence is warranted for protection of the community and deterrence, notwithstanding some reduction for intellectual disability and mitigating circumstances. All offences are to be recorded as domestic violence, and the Crimes (High Risk Offenders) Act 2006 is to apply for future risk management.

Parties
Prosecution: Regina; Offender: Brett James Ragg
Jurisdiction
Australia
Judgment Date
18 May 2020
Procedural Posture
Criminal / Sentence (final Judgment)
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 24 years, with a non-parole period of 18 years commencing 1 December 2018 and expiring 30 November 2036; balance of term expiring 30 November 2042.
Legal Topics
Sentencing, Domestic Violence, Sexual Offences, Aggravated Assault, Detention and Intimidation, Breach of AVO, Attempted Grievous Bodily Harm
Criminal Law Sentencing Domestic Violence Sexual Offences Aggravated Assault Detention and Intimidation Breach of AVO Attempted Grievous Bodily Harm

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Parties

Regina

Prosecution

Brett James Ragg

Offender

Procedural Posture

Criminal / Sentence (final Judgment)

Legal Issues

  1. 1 Assessment of the objective and subjective seriousness of multiple violent offences arising from a domestic relationship, including sexual offences, grievous bodily harm, threats, and breaches of orders; Application of statutory aggravating/mitigating factors under the Crimes (Sentencing Procedure) Act 1999; Consideration of aggregate sentences and totality principle; Relevance of the offender's intellectual disability, mental health, and background to sentence; Prospect of rehabilitation and dangerousness; Application of Crimes (High Risk Offenders) Act 2006 to future detention.

Ratio Decidendi

Given the severity, multiplicity and context of domestic violence offences, the offender's history, lack of genuine remorse, high risk of reoffending, and substantial impact on the victim, a lengthy aggregate sentence is warranted for protection of the community and deterrence, notwithstanding some reduction for intellectual disability and mitigating circumstances. All offences are to be recorded as domestic violence, and the Crimes (High Risk Offenders) Act 2006 is to apply for future risk management.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 24 years, with a non-parole period of 18 years commencing 1 December 2018 and expiring 30 November 2036; balance of term expiring 30 November 2042.

Orders

  • Indicative sentences: SEQ 4 – 6 months; SEQ 8 – 3 years (NPP 2 years 3 months); SEQ 9 – 2 years; SEQ 10 – 4 years; SEQ 12 – 3 years (NPP 2 years 3 months); SEQ 15 – 3 years (NPP 2 years 3 months); SEQ 2 – 9 years (NPP 6 years 9 months); SEQ 17 – 10 years (NPP 7 years 6 months); SEQ 18 – 14 years (NPP 10 years 6...
  • Total aggregate sentence: 24 years imprisonment, NPP 18 years, balance of term 6 years.