R v Quinnell [2014] NSWDC 156

R v Quinnell [2014] NSWDC 156

The offender's brutal domestic violence offences required substantial imprisonment. Count 5 was more serious than count 2 and was within the middle range of objective seriousness, having regard to the repeated attack, weapons, location of wounds and the victim's defencelessness, but not above that range because the injuries were fortunately not as serious as they might have been. Voluntary intoxication impaired judgment and showed impulsivity, especially for count 2, but gave little mitigation and was aggravating to the extent the offender recklessly consumed alcohol and drugs despite knowing their connection with his violence. The pleas of guilty warranted a 15% discount, remorse was...

Jurisdiction
Australia
Judgment Date
07 August 2014
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
Offender convicted and sentenced to an aggregate effective sentence of 9 years 2 months imprisonment with a non-parole period of 6 years.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'form 1 Matters' 'objective Seriousness' 'intoxication' 'pleas of Guilty' 'domestic Violence' 'special Circumstances']
['criminal Law' 'sentencing'] ['wounding With Intent to Cause Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'form 1 Matters' 'objective Seriousness' 'intoxication' 'pleas of Guilty' 'domestic Violence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for two counts of wounding with intent to cause grievous bodily harm and one count of assault occasioning actual bodily harm.' 'How the standard non-parole period should be taken into account for the wounding offences.' "How the offender's voluntary intoxication by alcohol and drugs affected objective seriousness, mitigation, aggravation and moral culpability." 'What weight should be given to the pleas of guilty, remorse, criminal history, rehabilitation prospects, domestic violence context, deterrence, denunciation and protection of the community.' 'Whether special circumstances justified longer parole supervision.']

Ratio Decidendi

The offender's brutal domestic violence offences required substantial imprisonment. Count 5 was more serious than count 2 and was within the middle range of objective seriousness, having regard to the repeated attack, weapons, location of wounds and the victim's defencelessness, but not above that range because the injuries were fortunately not as serious as they might have been. Voluntary intoxication impaired judgment and showed impulsivity, especially for count 2, but gave little mitigation and was aggravating to the extent the offender recklessly consumed alcohol and drugs despite knowing their connection with his violence. The pleas of guilty warranted a 15% discount, remorse was...

Court Disposition

Offender convicted and sentenced to an aggregate effective sentence of 9 years 2 months imprisonment with a non-parole period of 6 years.

Orders

  • ['Count 7: convicted and sentenced to imprisonment for 2 years 4 months, commencing 11 August 2012 and expiring 10 December 2014.' 'Count 2: convicted and sentenced to imprisonment with a non-parole period of 2 years 6 months, commencing 11 December 2012 and expiring 10 June 2015, with a balance of sentence of 1...