R v MURRAY [2023] NSWDC 87

R v MURRAY [2023] NSWDC 87

Given the offender’s repeated violent offending in a domestic setting, seriousness of sexual assault, breach of apprehended violence orders, history of similar crimes, objective circumstances, and the need for general and specific deterrence, accumulation, denunciation and protection of the community, imprisonment is the only appropriate penalty. Special circumstances found due to mental health and substance abuse issues and need for supervision. Aggregate sentence imposed with specific terms for Commonwealth offences.

Parties
Prosecution: Rex; Offender: Brett Murray
Jurisdiction
Australia
Judgment Date
13 April 2023
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to full-time imprisonment; parole recommended
Legal Topics
Domestic Violence, General Deterrence, Sexual Assault, Breach of Apprehended Violence Order, Sentencing Principles, Aggregate Sentencing, Special Circumstances
Criminal Law Domestic Violence General Deterrence Sexual Assault Breach of Apprehended Violence Order Sentencing Principles Aggregate Sentencing Special Circumstances

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Parties

Rex

Prosecution

Brett Murray

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple domestic violence offences, including sexual assault and breach of apprehended domestic violence order?
  2. 2 How should general deterrence and denunciation be factored in sentencing domestic violence offenders?
  3. 3 Are there special circumstances affecting the non-parole period?

Ratio Decidendi

Given the offender’s repeated violent offending in a domestic setting, seriousness of sexual assault, breach of apprehended violence orders, history of similar crimes, objective circumstances, and the need for general and specific deterrence, accumulation, denunciation and protection of the community, imprisonment is the only appropriate penalty. Special circumstances found due to mental health and substance abuse issues and need for supervision. Aggregate sentence imposed with specific terms for Commonwealth offences.

Court Disposition

offender sentenced to full-time imprisonment; parole recommended

Orders

  • Aggregate sentence of 5 years and 6 months imprisonment with a non-parole period of 3 years 8 months commencing 4 April 2022 and expiring 3 December 2025; balance of term on parole of 1 year 10 months commencing 4 December 2025 and expiring 3 October 2027.
  • Fixed term of 12 months imprisonment for Commonwealth offence (Use Carriage Service to Harass/Menace/Offend) commencing 4 April 2022 and expiring 3 April 2023, served wholly concurrently.