R v Aumash [2020] NSWDC 168

R v Aumash [2020] NSWDC 168

Given the seriousness of the ongoing intimidation and harassment, the sustained campaign against the victim, and taking into account Form 1 offences, personal deterrence and denunciation require a custodial sentence. The aggregate approach reflects total criminality, with a non-parole period set to allow for rehabilitation and community supervision upon release.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal / Sentence
Outcome
custodial sentence imposed
Legal Topics
['aggravated Break and Enter' 'intimidation' 'domestic Violence' 'sentencing' 'use Carriage Service' 'denunciation' 'deterrence' 'victim Impact' 'drug Rehabilitation' 'early Guilty Plea' 'special Circumstances']
['criminal Law'] ['aggravated Break and Enter' 'intimidation' 'domestic Violence' 'sentencing' 'use Carriage Service' 'denunciation' 'deterrence' 'victim Impact' 'drug Rehabilitation' 'early Guilty Plea' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['appropriate sentence for aggravated break and enter intending to intimidate' 'appropriate sentence for harassment using a carriage service' 'taking into account Form 1 domestic violence offences' 'assessment of objective seriousness of the offences' 'impact of early guilty plea and special circumstances' 'weighing personal deterrence, community protection and rehabilitation']

Ratio Decidendi

Given the seriousness of the ongoing intimidation and harassment, the sustained campaign against the victim, and taking into account Form 1 offences, personal deterrence and denunciation require a custodial sentence. The aggregate approach reflects total criminality, with a non-parole period set to allow for rehabilitation and community supervision upon release.

Court Disposition

custodial sentence imposed

Orders

  • ['For the s 474.17(1) Criminal Code Act 1995 (Cth) offence: term of imprisonment of 9 months, commencing 22 June 2019 and expiring 21 March 2020.' 'Aggregate sentence for s 111(2) Crimes Act 1900 (NSW) offences (taking Form 1 matters into account): total period of 3 years 3 months, commencing 22 September 2019 and...