R v Waqabaca [2020] NSWDC 448

Both offences are objectively serious, though the Crown particularised the intent as common assault. The offender’s subjective features do not provide basis for leniency. An aggregate sentence of 16 months’ imprisonment, with a non-parole period of 12 months, appropriately reflects the overall criminality, cumulative effect, aggravating and mitigating factors.

Jurisdiction: Australia
Judgment Date: 12 August 2020
Procedural Posture: Criminal / Sentence
Outcome: Aggregate sentence imposed
Legal Topics: ['intent to Commit Indictable Offence' 'damage to Property by Fire' 'sentencing' 'domestic and Personal Violence']

['criminal Law'] ['intent to Commit Indictable Offence' 'damage to Property by Fire' 'sentencing' 'domestic and Personal Violence']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Criminal / Sentence

Legal Issues

1 ['Assessment and sentencing for intent to commit an indictable offence (assault)' 'Assessment and sentencing for intentionally damaging property by fire' 'Taking further offences into account under Crimes (Sentencing Procedure) Act 1999' 'Aggravating and mitigating factors in sentencing']

Ratio Decidendi

Court Disposition

Aggregate sentence imposed

Orders

['Offender sentenced to 16 months imprisonment, commencing 25 September 2019.' 'Non-parole period set at 12 months.' 'Offender to be released on parole at the expiration of the non-parole period on 24 September 2020.']