R v Meaker [2017] NSWDC 459

R v Meaker [2017] NSWDC 459

The court imposed an aggregate sentence of three years' imprisonment, with a non-parole period of one year and eight months and a balance of one year and four months. Special circumstances were found due to the offender's need for assistance with drug problems and anger management, warranting a reduction of the non-parole period. The indicative sentences for the offences were six months' imprisonment for contravening the ADVO and two years and nine months for aggravated detain for advantage.

Parties
Prosecution: Regina; Defendant: Dale Neil Wayne Meaker
Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment; special circumstances found for parole extension; backup charges withdrawn and dismissed
Legal Topics
Aggravated Detain for Advantage, Contravene Prohibition or Restriction in an AVO, Sentencing, Special Circumstances
Criminal Law Aggravated Detain for Advantage Contravene Prohibition or Restriction in an AVO Sentencing Special Circumstances

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecution

Dale Neil Wayne Meaker

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for aggravated detain for advantage
  2. 2 appropriate sentence for contravening prohibition or restriction in an AVO
  3. 3 assessment of objective seriousness

Ratio Decidendi

The court imposed an aggregate sentence of three years' imprisonment, with a non-parole period of one year and eight months and a balance of one year and four months. Special circumstances were found due to the offender's need for assistance with drug problems and anger management, warranting a reduction of the non-parole period. The indicative sentences for the offences were six months' imprisonment for contravening the ADVO and two years and nine months for aggravated detain for advantage.

Court Disposition

convicted and sentenced to imprisonment; special circumstances found for parole extension; backup charges withdrawn and dismissed

Orders

  • Sentenced to imprisonment for three years comprising a non-parole period of one year and eight months commencing 11 April 2016 and expiring 10 December 2017, balance of term one year and four months commencing 11 December 2017 and expiring 10 April 2019
  • To be released to parole on 10 December 2017