R v Steele (No 2) [2023] NSWDC 99

R v Steele (No 2) [2023] NSWDC 99

Aggregate sentence of three years and nine months imposed with a non-parole period of two years and five months, reflecting the seriousness of the domestic violence and breach offences, necessity for specific and general deterrence, and a finding of special circumstances allowing an extended non-parole period for rehabilitation. Sentence structured to avoid double counting of aggravating features for AVO contraventions and to proportionately reflect the total criminality based on the offender's objective and subjective circumstances.

Parties
Offender: Benjamin Steele; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Criminal / Sentence After Trial
Outcome
Convicted and sentenced
Legal Topics
Stalk/intimidate (domestic Violence), Aggravated Break and Enter, Contravene AVO, Sentencing, Domestic Violence
Criminal Law Stalk/intimidate (domestic Violence) Aggravated Break and Enter Contravene AVO Sentencing Domestic Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Benjamin Steele

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentence After Trial

Legal Issues

  1. 1 Appropriate sentence for domestic violence offences including stalk/intimidate and aggravated break and enter
  2. 2 Whether breaches of AVO are aggravating factors and separately punishable
  3. 3 Assessment of objective seriousness and mitigating/aggravating features in sentencing

Ratio Decidendi

Aggregate sentence of three years and nine months imposed with a non-parole period of two years and five months, reflecting the seriousness of the domestic violence and breach offences, necessity for specific and general deterrence, and a finding of special circumstances allowing an extended non-parole period for rehabilitation. Sentence structured to avoid double counting of aggravating features for AVO contraventions and to proportionately reflect the total criminality based on the offender's objective and subjective circumstances.

Court Disposition

Convicted and sentenced

Orders

  • Aggregate sentence of 3 years 9 months with a non-parole period of 2 years 5 months
  • Convicted on all counts and related summary matters