R (Cth) v Ratucadre [2024] NSWDC 649

R (Cth) v Ratucadre [2024] NSWDC 649

The aggregate objective seriousness of the offending, including offences of domestic violence, threats to kill, contravention of court orders, and driving while disqualified, required a substantial term of full-time imprisonment. The sentence was mitigated somewhat by early guilty pleas and evidence of childhood disadvantage and substance abuse but was not sufficient to warrant a finding of special circumstances or alternatives to imprisonment. A lengthy non-parole period and an extended apprehended violence order were justified to protect the victim and the community.

Parties
Prosecutor: Rex (Crown); Offender: Seta Ratucadre
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 4 years 6 months; offender disqualified from driving for 12 months after parole eligibility; final apprehended violence order made for 10 years from completion of non-parole period; charge of stalk/intimidate dismissed.
Legal Topics
Sentencing, Domestic Violence, Carriage Service Offence, Wounding With Intent, Contravene Apprehended Violence Order, Driving During Disqualification
Criminal Law Sentencing Domestic Violence Carriage Service Offence Wounding With Intent Contravene Apprehended Violence Order Driving During Disqualification

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Parties

Rex (Crown)

Prosecutor

Seta Ratucadre

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for aggregate offending involving use of carriage service to threaten to kill, wounding with intent to cause grievous bodily harm, contravention of apprehended domestic violence order, and driving during disqualification
  2. 2 Consideration of subjective factors for sentence
  3. 3 Application of guilty plea discounts

Ratio Decidendi

The aggregate objective seriousness of the offending, including offences of domestic violence, threats to kill, contravention of court orders, and driving while disqualified, required a substantial term of full-time imprisonment. The sentence was mitigated somewhat by early guilty pleas and evidence of childhood disadvantage and substance abuse but was not sufficient to warrant a finding of special circumstances or alternatives to imprisonment. A lengthy non-parole period and an extended apprehended violence order were justified to protect the victim and the community.

Court Disposition

Offender sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 4 years 6 months; offender disqualified from driving for 12 months after parole eligibility; final apprehended violence order made for 10 years from completion of non-parole period; charge of stalk/intimidate dismissed.

Orders

  • Aggregate term of imprisonment of 6 years for the second, third, and fourth offences.
  • Non-parole period fixed at 4 years 6 months, commencing 16 January 2023, expiring 15 July 2027.