R v Brewster [2016] NSWDC 310

R v Brewster [2016] NSWDC 310

The offending was serious domestic violence committed after the victim ended the relationship, involving forced entry into her home, stalking with intent to cause harm, threats, assault causing actual bodily harm, property damage, and offending while subject to conditional liberty. Although the offender pleaded guilty, showed remorse and had rehabilitation prospects assisted by future supervision, general deterrence and the objective seriousness of the offences required full-time imprisonment, with the related offences served concurrently and the sentence modestly partially accumulated on existing sentences.

Jurisdiction
Australia
Judgment Date
14 April 2016
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty on Indictment and a Summary Offence Brought Up to the Court Pursuant to S 166 of the Criminal Procedure Act 1986
Outcome
The offender was convicted and sentenced to imprisonment; sentences were recorded as domestic violence offences and the existing ADVO was varied.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'stalking With Intent to Cause Physical or Mental Harm' 'assault Occasioning Actual Bodily Harm' 'destroying or Damaging Property' 'general Deterrence' 'guilty Plea Discount' 'apprehended Domestic Violence Order']
['criminal Law' 'sentencing' 'domestic Violence'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'stalking With Intent to Cause Physical or Mental Harm' 'assault Occasioning Actual Bodily Harm' 'destroying or Damaging Property' 'general Deterrence' 'guilty Plea Discount' 'apprehended Domestic Violence Order']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty on Indictment and a Summary Offence Brought Up to the Court Pursuant to S 166 of the Criminal Procedure Act 1986

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break, enter and commit serious indictable offence knowing that there was a person inside the premises' 'Appropriate sentence for assault occasioning actual bodily harm in a domestic violence context' 'Appropriate sentence for the summary offence of destroying or damaging property brought up under s 166 of the Criminal Procedure Act 1986' "Whether and how the offender's guilty pleas, remorse, drug addiction, criminal history and conditional liberty affected sentence" 'Whether sentences should be concurrent or partially accumulated with existing sentences' 'Whether the sentences should be recorded as domestic violence offences and whether the existing ADVO should be varied']

Ratio Decidendi

The offending was serious domestic violence committed after the victim ended the relationship, involving forced entry into her home, stalking with intent to cause harm, threats, assault causing actual bodily harm, property damage, and offending while subject to conditional liberty. Although the offender pleaded guilty, showed remorse and had rehabilitation prospects assisted by future supervision, general deterrence and the objective seriousness of the offences required full-time imprisonment, with the related offences served concurrently and the sentence modestly partially accumulated on existing sentences.

Court Disposition

The offender was convicted and sentenced to imprisonment; sentences were recorded as domestic violence offences and the existing ADVO was varied.

Orders

  • ['On counts 1 and 2 in the indictment the offender is convicted.' 'For count 1 the offender is sentenced to a non-parole period of two years and three months commencing on 22 September 2016 expiring on 21 December 2018, with parole thereafter of 12 months commencing 22 December 2018 expiring 21 December 2019, giving...