R v Casey [2019] NSWDC 751

R v Casey [2019] NSWDC 751

Given the number and seriousness of domestic violence offences, their commission in the victim’s home with children present, the breach of parole, and the offender’s criminal history, but also considering significant disadvantage and mental health issues, appropriate aggregate sentence is 6 years imprisonment with non-parole period of 4 years 1 month (special circumstances found), reflecting partial accumulation and all statutory and subjective considerations.

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Criminal / Sentence
Outcome
offender sentenced to imprisonment
Legal Topics
['break and Enter' 'armed With Intent' 'assault' 'reckless Wounding' 'intimidation' 'detain for Advantage' 'sentencing' 'domestic Violence' 'aggravating Factors' 'utilitarian Discount' 'aggregate Sentence' 'special Circumstances' 'parole']
['criminal Law'] ['break and Enter' 'armed With Intent' 'assault' 'reckless Wounding' 'intimidation' 'detain for Advantage' 'sentencing' 'domestic Violence' 'aggravating Factors' 'utilitarian Discount' 'aggregate Sentence' 'special Circumstances' 'parole']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ["Appropriate sentence for multiple domestic violence related offences, including aggravated break and enter, armed with intent, assault, reckless wounding, intimidation, and detain for advantage; extent of utilitarian discount for guilty pleas; application of statutory aggravating factors; availability of special circumstances reduction; consideration of general and specific deterrence; relevance of offender's background and mental health."]

Ratio Decidendi

Given the number and seriousness of domestic violence offences, their commission in the victim’s home with children present, the breach of parole, and the offender’s criminal history, but also considering significant disadvantage and mental health issues, appropriate aggregate sentence is 6 years imprisonment with non-parole period of 4 years 1 month (special circumstances found), reflecting partial accumulation and all statutory and subjective considerations.

Court Disposition

offender sentenced to imprisonment

Orders

  • ['Offender sentenced under s 53A of the Crimes (Sentencing Procedure) Act to an aggregate sentence of 6 years imprisonment with a non-parole period of 4 years and 1 month.' 'Non-parole period to commence on 8 December 2017 and expire on 7 January 2022.' 'Balance of term of 1 year 11 months to commence 8 January 2022...