R v LEE [2021] NSWDC 601

R v LEE [2021] NSWDC 601

The intimidation offence was at the lower end of the mid-range, but the specially aggravated detain for advantage offence was within the mid-range because of the duration of detention, the early morning home invasion, sustained threats, multiple offenders, injury, fear and drug-related motive, with statutory aggravation for offending in the victim's home and while on conditional liberty. The offender's guilty pleas warranted a 25% discount, Bugmy factors reduced moral culpability to an extent, remorse and good prospects of rehabilitation were not established, and special circumstances justified an aggregate custodial sentence with partial accumulation and backdating for totality.

Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Offender convicted and sentenced to an aggregate sentence of 6 years and 3 months imprisonment with a non-parole period of 4 years and 3 months.
Legal Topics
['specially Aggravated Detain for Advantage' 'intimidation' 'reckless Wounding on Form 1' 'breach of Parole' 'totality' 'bugmy Factors' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['specially Aggravated Detain for Advantage' 'intimidation' 'reckless Wounding on Form 1' 'breach of Parole' 'totality' 'bugmy Factors' 'special Circumstances' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for intimidation contrary to s 13(1) of the Crimes (Domestic & Personal Violence) Act, 2007.' 'What sentence should be imposed for specially aggravated detain for advantage contrary to s 86(3) of the Crimes Act, 1900, taking into account reckless wounding on a Form 1 document.' "Whether the offender's background enlivened Bugmy factors reducing moral culpability." 'Whether special circumstances justified a non-parole period less than the statutory ratio.' 'How totality, partial accumulation, parole revocation and revocation of an Intensive Correction Order affected the commencement and structure of the sentence.']

Ratio Decidendi

The intimidation offence was at the lower end of the mid-range, but the specially aggravated detain for advantage offence was within the mid-range because of the duration of detention, the early morning home invasion, sustained threats, multiple offenders, injury, fear and drug-related motive, with statutory aggravation for offending in the victim's home and while on conditional liberty. The offender's guilty pleas warranted a 25% discount, Bugmy factors reduced moral culpability to an extent, remorse and good prospects of rehabilitation were not established, and special circumstances justified an aggregate custodial sentence with partial accumulation and backdating for totality.

Court Disposition

Offender convicted and sentenced to an aggregate sentence of 6 years and 3 months imprisonment with a non-parole period of 4 years and 3 months.

Orders

  • ['In respect of the matters to which the offender has pleaded guilty he is convicted.' 'The offender is sentenced to an aggregate sentence of 6 years and 3 months with a non parole period of 4 years and 3 months.' 'The non-parole period will date from 12 June 2021 and will expire on 11 September 2025.' 'The balance...