R v Watkins [2018] NSWDC 103

R v Watkins [2018] NSWDC 103

Taking into account the objective seriousness of the offences, the aggravating factors including breach of bonds, offending in the victims' homes, offender's criminal history, and mitigating factors such as plea of guilty, remorse, mental health, and special circumstances, the offender is sentenced to an aggregate term of imprisonment with specified non-parole and parole periods, pursuant to s53A of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['breach of Good Behaviour Bond' 'use Offensive Weapon With Intent' 'intimidate With Intention of Causing Fear of Physical or Mental Harm' 'common Assault (domestic Violence)' 'assault Occasioning Actual Bodily Harm' 'sexual Intercourse Without Consent' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty' 'special Circumstances']
['criminal Law'] ['breach of Good Behaviour Bond' 'use Offensive Weapon With Intent' 'intimidate With Intention of Causing Fear of Physical or Mental Harm' 'common Assault (domestic Violence)' 'assault Occasioning Actual Bodily Harm' 'sexual Intercourse Without Consent' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Sentencing for breach of good behaviour bond' 'Sentencing for domestic violence offences' 'Assessment of aggravating and mitigating factors' 'Appropriate discount for plea of guilty' "Assessment of offender's remorse and prospects of rehabilitation" 'Application of special circumstances for parole' 'Application of Crimes (Sentencing Procedure) Act 1999 provisions']

Ratio Decidendi

Taking into account the objective seriousness of the offences, the aggravating factors including breach of bonds, offending in the victims' homes, offender's criminal history, and mitigating factors such as plea of guilty, remorse, mental health, and special circumstances, the offender is sentenced to an aggregate term of imprisonment with specified non-parole and parole periods, pursuant to s53A of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

convicted and sentenced

Orders

  • ['Bond of 23 July 2015 called up; offender sentenced to 12 months imprisonment for each of Use offensive weapon with intent, Intimidate with intention of causing fear, and Common assault, to be served concurrently from 13 February 2016 to 12 February 2017.' 'On Counts 1 to 9, offender convicted.' 'Aggregate sentence...