Regina v Terry William Cooper; Regina v Paul Anthony Cooper [2006] NSWDC 202

Regina v Terry William Cooper; Regina v Paul Anthony Cooper [2006] NSWDC 202

The Court imposed suspended custodial sentences for both accused, conditional upon entry into s 12 bonds with strict conditions including good behaviour, supervision by Probation and Parole, random drug testing and counselling, considering their respective roles, aggravating features, and rehabilitation prospects; guilty plea discounts provided; parity not applicable due to greater criminality by Paul Cooper.

Parties
Accused: Terry William Cooper; Accused: Paul Anthony Cooper; Prosecution: Regina
Jurisdiction
Australia
Judgment Date
21 September 2006
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; custodial sentences imposed and suspended on conditions
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Domestic Violence, Co Offenders, Use of Weapons, Deterrence, Parity
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Domestic Violence Co Offenders Use of Weapons Deterrence Parity

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Parties

Terry William Cooper

Accused

Paul Anthony Cooper

Accused

Regina

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing of co-offenders for assault occasioning actual bodily harm in company
  2. 2 Assessment of objective criminality and aggravating features
  3. 3 Consideration of subjective features (domestic violence, drug abuse, rehabilitation)

Ratio Decidendi

The Court imposed suspended custodial sentences for both accused, conditional upon entry into s 12 bonds with strict conditions including good behaviour, supervision by Probation and Parole, random drug testing and counselling, considering their respective roles, aggravating features, and rehabilitation prospects; guilty plea discounts provided; parity not applicable due to greater criminality by Paul Cooper.

Court Disposition

Convicted; custodial sentences imposed and suspended on conditions

Orders

  • Terry Cooper: convicted; sentenced to 9 months minimum term and 5 months balance of term, suspended pursuant to s12 C(SP)A, conditional upon entry into s12 Bond with conditions
  • Paul Cooper: convicted; sentenced to 12 months fixed term imprisonment for first offence, 15 months non-parole and 9 months balance for second offence, and 12 months minimum and 7 months balance for third; sentences suspended pursuant to s12 C(SP)A, conditional upon entry into s12 Bond with conditions