R v Dickson [2020] NSWDC 894

R v Dickson [2020] NSWDC 894

The offender's armed intimidation of his former partner in her bedroom and later repeated contact intended to influence her as a witness were serious offences requiring imprisonment, denunciation and deterrence, aggravated by his prior record and offending while on conditional liberty. However, the sentence was moderated by early guilty pleas, remorse, deprived Aboriginal background, mental disorders, drug withdrawal, rehabilitation prospects, totality, and special circumstances requiring treatment and assistance on parole. An aggregate sentence of 3 years with a non-parole period of 2 years was imposed for the three principal offences, with related orders for the CCO breaches and ADVO...

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Criminal Sentencing / Sentence Following Early Guilty Pleas; Contravention of ADVO Dealt With Summarily; Breaches of Community Corrections Orders and S 9 Bonds Considered
Outcome
Aggregate term of imprisonment of 3 years with a non-parole period of 2 years imposed for the three principal offences; fixed sentences imposed for Community Corrections Order breaches; no further penalty imposed for contravening the ADVO; no action taken on breaches of ten s 9 bonds.
Legal Topics
['stalk and Intimidate' 'armed With Intent to Commit an Indictable Offence' 'doing an Act With Intent to Influence a Witness' 'contravene Advo' 'breach of Conditional Liberty' 'aboriginal Offenders' 'mental Illness' 'drug Addiction' 'remorse' 'rehabilitation' 'special Circumstances' 'general and Specific Deterrence']
['criminal Law' 'sentencing' 'domestic Violence'] ['stalk and Intimidate' 'armed With Intent to Commit an Indictable Offence' 'doing an Act With Intent to Influence a Witness' 'contravene Advo' 'breach of Conditional Liberty' 'aboriginal Offenders' 'mental Illness' 'drug Addiction' 'remorse' 'rehabilitation' 'special Circumstances' 'general and Specific Deterrence']

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Procedural Posture

Criminal Sentencing / Sentence Following Early Guilty Pleas; Contravention of ADVO Dealt With Summarily; Breaches of Community Corrections Orders and S 9 Bonds Considered

Legal Issues

  1. 1 ['What sentence should be imposed for stalk and intimidate, being armed with intent to commit an indictable offence, doing an act with intent to influence a witness, and contravening an ADVO.' "How the offender's early guilty pleas, remorse, Aboriginal background, deprived upbringing, mental disorders, drug withdrawal and rehabilitation prospects should affect sentence." "How the offender's prior record and commission of offences while on conditional liberty should affect sentence." 'Whether special circumstances existed because of the need for assistance and treatment on parole and the risk of institutionalisation.' 'How totality and accumulation should be applied when also dealing with breaches of Community Corrections Orders and s 9 bonds.']

Ratio Decidendi

The offender's armed intimidation of his former partner in her bedroom and later repeated contact intended to influence her as a witness were serious offences requiring imprisonment, denunciation and deterrence, aggravated by his prior record and offending while on conditional liberty. However, the sentence was moderated by early guilty pleas, remorse, deprived Aboriginal background, mental disorders, drug withdrawal, rehabilitation prospects, totality, and special circumstances requiring treatment and assistance on parole. An aggregate sentence of 3 years with a non-parole period of 2 years was imposed for the three principal offences, with related orders for the CCO breaches and ADVO...

Court Disposition

Aggregate term of imprisonment of 3 years with a non-parole period of 2 years imposed for the three principal offences; fixed sentences imposed for Community Corrections Order breaches; no further penalty imposed for contravening the ADVO; no action taken on breaches of ten s 9 bonds.

Orders

  • ["In relation to the community corrections orders each bond is revoked, a conviction is confirmed, and a fixed sentence of three months' imprisonment commencing 5 May 2019 is imposed." 'On the three principal offences an aggregate sentence of three years with a non-parole period of two years commencing on 5 June...