R v Williams [2021] NSWDC 133

R v Williams [2021] NSWDC 133

Given the objective seriousness of the offences, the aggravating features including use of violence, a weapon, breach of an apprehended domestic violence order, and the unprovoked nature of the assaults, balanced against the reduction in moral culpability due to Bugmy principles and expression of contrition, the appropriate aggregate sentence is three years and six months with a non-parole period of two years and four months, reflecting denunciation, general and specific deterrence, and community protection.

Parties
Prosecution: Regina (Crown); Offender: Kenneth Ray Williams
Jurisdiction
Australia
Judgment Date
31 March 2021
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas entered and sentences imposed.
Legal Topics
Domestic Violence, Aggravated Break and Enter, Assault Occasioning Actual Bodily Harm, Reckless Wounding, Contravene Apprehended Domestic Violence Order, Sentencing
Criminal Law Domestic Violence Aggravated Break and Enter Assault Occasioning Actual Bodily Harm Reckless Wounding Contravene Apprehended Domestic Violence Order Sentencing

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Parties

Regina (Crown)

Prosecution

Kenneth Ray Williams

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for aggravated break and enter and commit serious indictable offence (assault occasioning actual bodily harm)?
  2. 2 What is the appropriate sentence for reckless wounding?
  3. 3 What is the appropriate sentence for contravene prohibition or restriction in an Apprehended Domestic Violence Order?

Ratio Decidendi

Given the objective seriousness of the offences, the aggravating features including use of violence, a weapon, breach of an apprehended domestic violence order, and the unprovoked nature of the assaults, balanced against the reduction in moral culpability due to Bugmy principles and expression of contrition, the appropriate aggregate sentence is three years and six months with a non-parole period of two years and four months, reflecting denunciation, general and specific deterrence, and community protection.

Court Disposition

Guilty pleas entered and sentences imposed.

Orders

  • Aggregate sentence of three years and six months commencing 29 February 2020 and expiring on 28 August 2023.
  • Non-parole period of two years and four months, eligible for parole on 28 June 2022.