R v Campbell-Buck [2022] NSWDC 60
An aggregate sentence of 4 years 3 months with a non-parole period of 2 years 6 months was appropriate, taking into account the objective seriousness of the sexual and domestic violence offences, the pattern of offending, admissions and pleas of guilty, the presence of aggravating factors, the impact of underlying mental health conditions as relevant but not exculpatory, special circumstances warranting a longer parole period, the interests of victim vindication and community protection.
- Jurisdiction
- Australia
- Judgment Date
- 01 March 2022
- Procedural Posture
- Criminal Sentencing / Sentence—ex Tempore Revised
- Outcome
- aggregate sentence of imprisonment imposed
- Legal Topics
- ['sexual Offences' 'intimate Image Offences' 'intentionally Choke With Recklessness' 'sentencing Principles' 'aggregate Sentencing' 'domestic Violence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Sentencing / Sentence—ex Tempore Revised
Legal Issues
- 1 ['Appropriateness and quantum of sentence for multiple domestic violence and sexual offences' 'Effect of guilty pleas on sentence' 'Impact of mental health conditions on culpability and sentence' 'Principles for aggregate sentencing in domestic violence contexts']
Ratio Decidendi
An aggregate sentence of 4 years 3 months with a non-parole period of 2 years 6 months was appropriate, taking into account the objective seriousness of the sexual and domestic violence offences, the pattern of offending, admissions and pleas of guilty, the presence of aggravating factors, the impact of underlying mental health conditions as relevant but not exculpatory, special circumstances warranting a longer parole period, the interests of victim vindication and community protection.
Court Disposition
aggregate sentence of imprisonment imposed
Orders
- ['Aggregate sentence of 4 years and 3 months imprisonment for multiple offences.' 'Non-parole period of 2 years and 6 months from commencement.' 'Convictions recorded on all charges.' 'Commencement date backdated to account for time served.' 'Copies of reports to be forwarded with the warrant.']
Full Case Text
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