Thorp v R [2022] NSWCCA 180

Thorp v R [2022] NSWCCA 180

The sentencing judge did not contravene the principle against double punishment because his Honour treated the ADVO breach as contributing to the seriousness of the detain offence while separately punishing the distinct criminality of disobeying a court order intended to protect the victim, with the short fixed term for the contravene ADVO offence consistent with that approach and totality. The sentence for the detain offence was not manifestly excessive: although the detention was brief, it ended only because restaurant employees intervened, and the offending involved threats, force causing injury, domestic violence, breach of an ADVO, the Form 1 intimidation offence, and a significant...

Jurisdiction
Australia
Judgment Date
31 August 2022
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['appeal Against Sentence' 'double Punishment' 'contravention of Apprehended Domestic Violence Order' 'aggravated Detain for Advantage' 'manifest Excess' 'totality Principle']
['criminal Law' 'sentencing' 'domestic Violence'] ['appeal Against Sentence' 'double Punishment' 'contravention of Apprehended Domestic Violence Order' 'aggravated Detain for Advantage' 'manifest Excess' 'totality Principle']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by doubly punishing the applicant for his breach of the ADVO by taking the breach into account in assessing the objective seriousness of the detain offence and imposing an entirely consecutive sentence for the contravene ADVO offence.' 'Whether the sentence imposed for the detain offence was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not contravene the principle against double punishment because his Honour treated the ADVO breach as contributing to the seriousness of the detain offence while separately punishing the distinct criminality of disobeying a court order intended to protect the victim, with the short fixed term for the contravene ADVO offence consistent with that approach and totality. The sentence for the detain offence was not manifestly excessive: although the detention was brief, it ended only because restaurant employees intervened, and the offending involved threats, force causing injury, domestic violence, breach of an ADVO, the Form 1 intimidation offence, and a significant...

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal against sentence granted;' 'Appeal against sentence dismissed.']