R v Berriman [2021] NSWDC 771

R v Berriman [2021] NSWDC 771

The sentence imposed reflects that, while the objective seriousness of the offending is mid-range, the offender's schizophrenia, likely cognitive impairment, and drug-induced psychosis at the time reduce moral culpability and general deterrence, but not the need for personal deterrence, protection of the community, and recognition that offending was violent and traumatic. Aggregate sentence is imposed, with non-parole period reflecting special circumstances due to mental health.

Parties
Offender: Mitchell Berriman; Crown: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
06 December 2021
Procedural Posture
Criminal / Sentence
Outcome
Convicted. Aggregate sentence of 8 years 6 months imprisonment with aggregate non-parole period of 5 years 6 months. Apprehended Domestic Violence Order imposed. Conviction with no further penalty on s 166 certificate offence.
Legal Topics
Sexual Offences, Aggravated Sexual Assault, Sentencing, Use of Weapon, Domestic Violence, Apprehended Domestic Violence Order
Criminal Law Sexual Offences Aggravated Sexual Assault Sentencing Use of Weapon Domestic Violence Apprehended Domestic Violence Order

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Parties

Mitchell Berriman

Offender

Director of Public Prosecutions

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple sexual and violent offences in a domestic setting
  2. 2 Effect of offender's mental health and drug use on moral culpability and sentencing
  3. 3 Relevance of aggravating and mitigating factors under sentencing legislation

Ratio Decidendi

The sentence imposed reflects that, while the objective seriousness of the offending is mid-range, the offender's schizophrenia, likely cognitive impairment, and drug-induced psychosis at the time reduce moral culpability and general deterrence, but not the need for personal deterrence, protection of the community, and recognition that offending was violent and traumatic. Aggregate sentence is imposed, with non-parole period reflecting special circumstances due to mental health.

Court Disposition

Convicted. Aggregate sentence of 8 years 6 months imprisonment with aggregate non-parole period of 5 years 6 months. Apprehended Domestic Violence Order imposed. Conviction with no further penalty on s 166 certificate offence.

Orders

  • Offender convicted of the offences of which found guilty after Judge Alone Trial.
  • Aggregate sentence of 8 years and 6 months imprisonment with aggregate non-parole period of 5 years and 6 months, commencing 11 April 2019 and expiring 10 October 2027. Non-parole period expires 10 October 2024.