R v Roberts [2018] NSWDC 473

R v Roberts [2018] NSWDC 473

An aggregate custodial sentence is appropriate for offences committed in a discrete period against one victim. Special circumstances including risk of institutionalisation, offender health, and age warrant breaking the statutory nexus between head sentence and non-parole period, and partial concurrency with previous sentences.

Parties
Crown: Regina; Offender: Danial Bernard Roberts
Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence
Legal Topics
Sentencing, Domestic Violence, Assault, Armed With Intent
Criminal Law Sentencing Domestic Violence Assault Armed With Intent

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Danial Bernard Roberts

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple domestic violence offences committed while on bail
  2. 2 Consideration of offender's health and risk of institutionalisation
  3. 3 Determination of concurrent or accumulated sentencing

Ratio Decidendi

An aggregate custodial sentence is appropriate for offences committed in a discrete period against one victim. Special circumstances including risk of institutionalisation, offender health, and age warrant breaking the statutory nexus between head sentence and non-parole period, and partial concurrency with previous sentences.

Court Disposition

Conviction and sentence

Orders

  • The offender is convicted on each charge in the indictment presented 18 May 2018.
  • Aggregate term of imprisonment of 3 years imposed.