R v Tisserand [2021] NSWDC 543

R v Tisserand [2021] NSWDC 543

The sentence imposed reflects the objective seriousness of the offender's conduct, slightly below mid-range for the principal offence and above mid-range for the assault occasioning bodily harm, considering the aggravating factors of breaching an apprehended violence order and offending during an intensive correction order, mitigated by background of childhood trauma and acquired brain injury, but not to an extent sufficient to avoid a custodial sentence. Special circumstances were found for parole duration due to the offender's prior custody, need for extended rehabilitation, and personal history.

Parties
Prosecution: Regina; Offender: Leon Tisserand
Jurisdiction
Australia
Judgment Date
31 August 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and aggregate custodial sentence
Legal Topics
Domestic Violence, Stalking or Intimidation, Violent Offences, Sentencing, Imprisonment, Aggregate Sentences, Relevant Factors on Sentence, Multiple Offences
Criminal Law Domestic Violence Stalking or Intimidation Violent Offences Sentencing Imprisonment Aggregate Sentences Relevant Factors on Sentence +1 more

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Parties

Regina

Prosecution

Leon Tisserand

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for domestic violence offences involving intimidation and assault
  2. 2 impact of offender's personal circumstances and history on sentencing
  3. 3 application of sentencing principles to offences committed during intensive correction order

Ratio Decidendi

The sentence imposed reflects the objective seriousness of the offender's conduct, slightly below mid-range for the principal offence and above mid-range for the assault occasioning bodily harm, considering the aggravating factors of breaching an apprehended violence order and offending during an intensive correction order, mitigated by background of childhood trauma and acquired brain injury, but not to an extent sufficient to avoid a custodial sentence. Special circumstances were found for parole duration due to the offender's prior custody, need for extended rehabilitation, and personal history.

Court Disposition

conviction and aggregate custodial sentence

Orders

  • Aggregate sentence of imprisonment of 4 years 3 months with non-parole period of 2 years commencing 12 October 2020
  • Eligibility for parole on 11 October 2022 with parole for 2 years 3 months