R v Validakis [2020] NSWDC 915

R v Validakis [2020] NSWDC 915

Given the seriousness and persistence of the domestic violence–related offending, breaches of court orders, absence of genuine remorse, and the offender's criminal history, the fixed term sentences imposed by the Local Court were appropriate; the sentence appeal is dismissed and all orders of the magistrate are confirmed. An aggregate sentence of four years imprisonment, with a non-parole period of two years, is imposed for the offences dealt with in this proceeding, reflecting the application of the totality principle and special circumstances for supervision upon release.

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Criminal Sentence Appeal and Sentencing / Sentence Appeal and Original Sentencing
Outcome
Sentence appeal dismissed; all orders of the magistrate confirmed. Aggregate sentence imposed for new offences.
Legal Topics
['aggravated Break and Enter' 'assault' 'domestic Violence' 'sentence Appeal' 'breach of Domestic Violence Orders' 'aggregate Sentencing' 'totality Principle' 'parole']
['criminal Law'] ['aggravated Break and Enter' 'assault' 'domestic Violence' 'sentence Appeal' 'breach of Domestic Violence Orders' 'aggregate Sentencing' 'totality Principle' 'parole']

Case Brief

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Procedural Posture

Criminal Sentence Appeal and Sentencing / Sentence Appeal and Original Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple serious domestic violence–related offences, including aggravated break and enter, assault, and breaches of Apprehended Domestic Violence Orders?' 'Should the sentence appeal against severity from the Local Court be upheld?' 'How should the principles of totality, accumulation, concurrence, and special circumstances apply to the aggregation of these sentences?']

Ratio Decidendi

Given the seriousness and persistence of the domestic violence–related offending, breaches of court orders, absence of genuine remorse, and the offender's criminal history, the fixed term sentences imposed by the Local Court were appropriate; the sentence appeal is dismissed and all orders of the magistrate are confirmed. An aggregate sentence of four years imprisonment, with a non-parole period of two years, is imposed for the offences dealt with in this proceeding, reflecting the application of the totality principle and special circumstances for supervision upon release.

Court Disposition

Sentence appeal dismissed; all orders of the magistrate confirmed. Aggregate sentence imposed for new offences.

Orders

  • ['Sentence appeal is dismissed; all orders of the magistrate are confirmed.' 'Aggregate sentence of four years imprisonment, commencing 17 July 2022, with a non-parole period of two years.' 'Parole period of two years commencing 17 July 2024 and expiring 16 July 2026.' 'Compensation order of $24,622.64 for damage...