Director of Public Prosecutions (NSW) v Vallelonga [2014] NSWLC 13

Director of Public Prosecutions (NSW) v Vallelonga [2014] NSWLC 13

The offending was objectively serious domestic violence, committed repeatedly over about 18 months, including while the victim was pregnant and while the child was present. The offender's drug addiction did not reduce the seriousness of the offences. Although his remorse, guilty pleas and rehabilitation prospects mitigated sentence, the need for denunciation and general deterrence meant the custody threshold was crossed and a suspended sentence was inappropriate. Because the total term did not exceed two years and the offender was assessed as suitable, the custodial sentences were ordered to be served by way of an Intensive Correction Order, with section 9 bonds imposed for the less...

Jurisdiction
Australia
Judgment Date
04 September 2014
Procedural Posture
Criminal Sentencing for Common Assault and Assault Occasioning Actual Bodily Harm Domestic Violence Offences / Sentence After Pleas of Guilty
Outcome
Offender convicted on all sequences; sentenced to 18 months imprisonment in total to be served by way of an Intensive Correction Order for six offences, and released on supervised section 9 good behaviour bonds for sequences 4 and 8.
Legal Topics
['common Assault' 'assault Occasioning Actual Bodily Harm' 'domestic Violence Offences' 'guilty Plea Discount' 'drug Addiction and Sentencing' 'rehabilitation' 'general Deterrence' 'intensive Correction Order' 'suspended Sentence']
['criminal Law' 'sentencing' 'domestic Violence'] ['common Assault' 'assault Occasioning Actual Bodily Harm' 'domestic Violence Offences' 'guilty Plea Discount' 'drug Addiction and Sentencing' 'rehabilitation' 'general Deterrence' 'intensive Correction Order' 'suspended Sentence']

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Procedural Posture

Criminal Sentencing for Common Assault and Assault Occasioning Actual Bodily Harm Domestic Violence Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ["What sentences should be imposed for multiple domestic violence offences committed against the offender's then wife over an extended period, including while she was pregnant and while a child was present." "Whether the offender's addiction to alcohol, cocaine and possibly other drugs mitigated the objective seriousness of the offending." "Whether the offender's rehabilitation efforts, remorse and guilty pleas justified a non-custodial or alternative custodial disposition." 'Whether a suspended sentence or an Intensive Correction Order was appropriate given the need for denunciation and general deterrence in domestic violence offending.']

Ratio Decidendi

The offending was objectively serious domestic violence, committed repeatedly over about 18 months, including while the victim was pregnant and while the child was present. The offender's drug addiction did not reduce the seriousness of the offences. Although his remorse, guilty pleas and rehabilitation prospects mitigated sentence, the need for denunciation and general deterrence meant the custody threshold was crossed and a suspended sentence was inappropriate. Because the total term did not exceed two years and the offender was assessed as suitable, the custodial sentences were ordered to be served by way of an Intensive Correction Order, with section 9 bonds imposed for the less...

Court Disposition

Offender convicted on all sequences; sentenced to 18 months imprisonment in total to be served by way of an Intensive Correction Order for six offences, and released on supervised section 9 good behaviour bonds for sequences 4 and 8.

Orders

  • ["Each conviction was to be endorsed on the offender's criminal record as a conviction for a domestic violence offence in accordance with section 12(2) of the Crimes (Domestic and Personal Violence) Act." 'Charge sequence 1: convicted and sentenced to imprisonment for 6 months.' 'Charge sequence 2: convicted and...