R v BALLENDEN [2010] NSWDC 86

R v BALLENDEN [2010] NSWDC 86

Significant sentences of imprisonment were imposed for the three offences, reflecting their objective gravity, with a finding of special circumstances enlarging the parole eligibility period; an apprehended violence order was imposed and certain offences recorded as domestic violence matters.

Jurisdiction
Australia
Judgment Date
13 April 2010
Procedural Posture
Criminal / Sentence
Outcome
offender sentenced to imprisonment, apprehended violence order imposed, offences recorded as domestic violence matters
Legal Topics
['armed With Intent to Commit an Indictable Offence' 'intimidation' 'detaining With Intent to Obtain an Advantage' 'assault Occasioning Actual Bodily Harm' 'contravene Apprehended Violence Order' 'apprehended Violence Order' 'sentencing']
['criminal Law'] ['armed With Intent to Commit an Indictable Offence' 'intimidation' 'detaining With Intent to Obtain an Advantage' 'assault Occasioning Actual Bodily Harm' 'contravene Apprehended Violence Order' 'apprehended Violence Order' 'sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Sentencing for armed with intent to commit an indictable offence' 'Sentencing for detaining with intent to obtain an advantage' 'Sentencing for assault occasioning actual bodily harm' 'Imposition of apprehended violence order' 'Recording offences as domestic violence related matters']

Ratio Decidendi

Significant sentences of imprisonment were imposed for the three offences, reflecting their objective gravity, with a finding of special circumstances enlarging the parole eligibility period; an apprehended violence order was imposed and certain offences recorded as domestic violence matters.

Court Disposition

offender sentenced to imprisonment, apprehended violence order imposed, offences recorded as domestic violence matters

Orders

  • ['For detaining for advantage: imprisonment, non-parole period 1 year from 13 November 2009, head sentence 2 years.' 'For being armed with intent: imprisonment, non-parole period 1.5 years from 13 November 2010, head sentence 3 years.' 'For assault occasioning actual bodily harm (including Form 1 matters):...