R v Holman (No 2) [2024] NSWDC 325

R v Holman (No 2) [2024] NSWDC 325

Counts 1 and 2, involving the presentation of a firearm and associated intimidation, were the most serious offences, while the later intimidation and common assault offences were objectively less serious. The offender's deprived upbringing reduced his moral culpability to some degree, but domestic violence principles required substantial weight to general deterrence, denunciation, community protection, and specific deterrence given his criminal history. An aggregate sentence of 4 years imprisonment with a non-parole period of 2 years and 6 months was warranted, with special circumstances found because of the increasing risk of institutionalisation and the need for ongoing supervision.

Jurisdiction
Australia
Judgment Date
18 July 2024
Procedural Posture
Criminal Sentencing / Sentence Following Judge Alone Trial and Guilty Verdicts on 5 of 6 Counts
Outcome
Aggregate sentence of 4 years imprisonment with a non-parole period of 2 years and 6 months imposed.
Legal Topics
['use Offensive Weapon With Intent to Commit Indictable Offence' 'common Assault' 'intimidation' 'bugmy Considerations' 'general Deterrence and Specific Deterrence' 'special Circumstances' 'aggregate Sentencing']
['criminal Law' 'sentencing' 'domestic Violence'] ['use Offensive Weapon With Intent to Commit Indictable Offence' 'common Assault' 'intimidation' 'bugmy Considerations' 'general Deterrence and Specific Deterrence' 'special Circumstances' 'aggregate Sentencing']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Judge Alone Trial and Guilty Verdicts on 5 of 6 Counts

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's convictions for using an offensive weapon with intent to commit common assault, common assault, and three counts of intimidation in a domestic violence context." "How the offender's deprived childhood and Bugmy considerations affected moral culpability, deterrence, rehabilitation, and sentence." 'What weight should be given to domestic violence sentencing principles, general deterrence, specific deterrence, denunciation, and community protection.' 'Whether special circumstances should be found due to risk of institutionalisation and need for ongoing supervision.' "How totality and concurrency should be applied given the offender's custody and prior sentence history."]

Ratio Decidendi

Counts 1 and 2, involving the presentation of a firearm and associated intimidation, were the most serious offences, while the later intimidation and common assault offences were objectively less serious. The offender's deprived upbringing reduced his moral culpability to some degree, but domestic violence principles required substantial weight to general deterrence, denunciation, community protection, and specific deterrence given his criminal history. An aggregate sentence of 4 years imprisonment with a non-parole period of 2 years and 6 months was warranted, with special circumstances found because of the increasing risk of institutionalisation and the need for ongoing supervision.

Court Disposition

Aggregate sentence of 4 years imprisonment with a non-parole period of 2 years and 6 months imposed.

Orders

  • ['Count 1, use of an offensive weapon: indicative sentence of 3 years.' 'Count 2, intimidation: indicative sentence of 2 years.' 'Count 3, intimidation: indicative sentence of 12 months.' 'Count 4, common assault: indicative sentence of 12 months.' 'Count 6, intimidation: indicative sentence of 12 months.'...