R v Medlin [2024] NSWDC 639

R v Medlin [2024] NSWDC 639

Given the objective gravity of the domestic violence, sexual offences (especially in presence of children), intimidation, and property/fraud offences, as well as the offender's deprived background, mental health and drug issues (partially mitigating), but lack of remorse and ongoing risk, a substantial term of imprisonment is required. Special circumstances justify a longer parole/supervision period. Aggregate sentence: 12 years imprisonment with non-parole period of 8 years, commencing from 1 December 2020, taking account of totality, discount for guilty plea, and special circumstances.

Parties
Prosecutor: Regina; Offender: Daniel Medlin
Jurisdiction
Australia
Judgment Date
14 November 2024
Procedural Posture
Criminal / Sentence After Jury Trial and Guilty Pleas
Outcome
Convicted on each count. Aggregate aggregate sentence imposed. Special circumstances found.
Legal Topics
Sentencing, Sexual Offences, Domestic Violence, Breach of Apprehended Domestic Violence Order (advo), Property Damage, Fraud, Larceny
Criminal Law Sentencing Sexual Offences Domestic Violence Breach of Apprehended Domestic Violence Order (advo) Property Damage Fraud Larceny

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Parties

Regina

Prosecutor

Daniel Medlin

Offender

Procedural Posture

Criminal / Sentence After Jury Trial and Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for multiple offences including sexual intercourse without consent, intentionally choking, intimidation, breach of ADVO, fraud, larceny, and property damage
  2. 2 Application of special circumstances in sentencing
  3. 3 Assessment of objective and subjective seriousness of each offence

Ratio Decidendi

Given the objective gravity of the domestic violence, sexual offences (especially in presence of children), intimidation, and property/fraud offences, as well as the offender's deprived background, mental health and drug issues (partially mitigating), but lack of remorse and ongoing risk, a substantial term of imprisonment is required. Special circumstances justify a longer parole/supervision period. Aggregate sentence: 12 years imprisonment with non-parole period of 8 years, commencing from 1 December 2020, taking account of totality, discount for guilty plea, and special circumstances.

Court Disposition

Convicted on each count. Aggregate aggregate sentence imposed. Special circumstances found.

Orders

  • Aggregate sentence of 12 years imprisonment, with non-parole period (NPP) of 8 years commencing on 1 December 2020, expiring 30 November 2028; balance of 4 years commencing 1 December 2028 and expiring 30 November 2032.
  • Eligible for parole on 30 November 2028.