R v Mulquin [2021] NSWDC 662

R v Mulquin [2021] NSWDC 662

An aggregate sentence reflecting the totality of the offending must be imposed, taking into account the objective seriousness, persistence and context (domestic violence, on parole, breach of court orders), the guilty plea, prospects for rehabilitation, personal circumstances, and the particular impact on the victim. A finding of special circumstances is justified to facilitate rehabilitation.

Parties
Offender: Gregory Denis Mulquin; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Sentence / Decision
Outcome
Aggregate sentence of 3 years 6 months imprisonment with a non-parole period of 2 years.
Legal Topics
Sentencing, Domestic Violence, Common Assault, Contravene Apprehended Violence Order, Destroy or Damage Property, Stalk/intimidate, Intentionally Choke
Criminal Law Sentencing Domestic Violence Common Assault Contravene Apprehended Violence Order Destroy or Damage Property Stalk/intimidate Intentionally Choke

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Parties

Gregory Denis Mulquin

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Sentence / Decision

Legal Issues

  1. 1 What is the appropriate sentence for multiple domestic violence offences including common assault, intentionally choking, stalking/intimidating, contravening an Apprehended Violence Order, and property damage committed while on parole?

Ratio Decidendi

An aggregate sentence reflecting the totality of the offending must be imposed, taking into account the objective seriousness, persistence and context (domestic violence, on parole, breach of court orders), the guilty plea, prospects for rehabilitation, personal circumstances, and the particular impact on the victim. A finding of special circumstances is justified to facilitate rehabilitation.

Court Disposition

Aggregate sentence of 3 years 6 months imprisonment with a non-parole period of 2 years.

Orders

  • Aggregate sentence to commence 16 February 2021; non-parole period of two years; eligible for parole on 15 February 2023; parole period to 15 August 2024; total sentence of three years six months.
  • Sequences 7, 8 and 10 withdrawn and dismissed.