DPP v Rennie [2019] NSWLC 11

DPP v Rennie [2019] NSWLC 11

Given the offender's repeated domestic violence history, commission of the offences while on parole, lack of insight and victim empathy, poor rehabilitation prospects, the victim's home as the setting, the seriousness of the violent and indecent conduct, and the need for specific and general deterrence, denunciation, community protection and recognition of harm, no penalty other than full-time imprisonment was appropriate. Applying the guilty plea discount, totality and some allowance for onerous custody conditions, an aggregate sentence of 3 years and 2 months with a 2 year non-parole period was imposed and backdated to 23 November 2018.

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
The offender was sentenced to an aggregate term of imprisonment of 3 years and 2 months with a non-parole period of 2 years. An appeal note records that a sentence appeal to the NSW District Court was upheld in part and the term was varied to 2 years 6 months with a non-parole period of 1 year 3 months.
Legal Topics
['contravene Apprehended Violence Order' 'common Assault' 'assault With Act of Indecency' 'domestic Violence Sentencing' 'aggregate Sentence' 'specific and General Deterrence' 'non Parole Period']
['criminal Law' 'sentencing' 'domestic Violence'] ['contravene Apprehended Violence Order' 'common Assault' 'assault With Act of Indecency' 'domestic Violence Sentencing' 'aggregate Sentence' 'specific and General Deterrence' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of contravening an AVO, two domestic violence related common assaults and one domestic violence related assault with act of indecency.' 'Whether the section 5 threshold was crossed so that no penalty other than imprisonment was appropriate.' "How to account for the offender's guilty pleas, criminal record, conditional liberty, course of conduct, objective seriousness, rehabilitation prospects and totality." 'Whether sentences for the Contravene AVO offences should be wholly concurrent with the associated assault offences.']

Ratio Decidendi

Given the offender's repeated domestic violence history, commission of the offences while on parole, lack of insight and victim empathy, poor rehabilitation prospects, the victim's home as the setting, the seriousness of the violent and indecent conduct, and the need for specific and general deterrence, denunciation, community protection and recognition of harm, no penalty other than full-time imprisonment was appropriate. Applying the guilty plea discount, totality and some allowance for onerous custody conditions, an aggregate sentence of 3 years and 2 months with a 2 year non-parole period was imposed and backdated to 23 November 2018.

Court Disposition

The offender was sentenced to an aggregate term of imprisonment of 3 years and 2 months with a non-parole period of 2 years. An appeal note records that a sentence appeal to the NSW District Court was upheld in part and the term was varied to 2 years 6 months with a non-parole period of 1 year 3 months.

Orders

  • ['Brian Rennie is sentenced by way of aggregate sentence to a term of imprisonment of 3 years and 2 months from 23 November 2018 to 22 January 2022.' 'The non-parole period is 2 years from 23 November 2018 to 22 November 2020.']