Milson v R (No 2) [2013] NSWDC 268

Milson v R (No 2) [2013] NSWDC 268

Given the mitigating circumstances of the January 2011 offences and their low objective seriousness, sentences of imprisonment were not warranted; in respect of the July 2012 Tweed Heads offences, although objective seriousness was also relatively low, imprisonment was appropriate due to aggravating factors, but execution of the sentences should be suspended.

Jurisdiction
Australia
Judgment Date
28 August 2013
Procedural Posture
Sentence Appeal / Decision on Appeal
Outcome
Sentence appeals upheld.
Legal Topics
['contravention of Domestic Violence Order' 'sentencing' 'breach of Good Behaviour Bonds' 'stalking or Intimidation']
['criminal Law'] ['contravention of Domestic Violence Order' 'sentencing' 'breach of Good Behaviour Bonds' 'stalking or Intimidation']

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Procedural Posture

Sentence Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for contravening domestic violence orders and stalking or intimidation were appropriate in the circumstances' 'Whether the mitigating circumstances warranted a different penalty']

Ratio Decidendi

Given the mitigating circumstances of the January 2011 offences and their low objective seriousness, sentences of imprisonment were not warranted; in respect of the July 2012 Tweed Heads offences, although objective seriousness was also relatively low, imprisonment was appropriate due to aggravating factors, but execution of the sentences should be suspended.

Court Disposition

Sentence appeals upheld.

Orders

  • ['Sentences imposed in respect of the offences committed in January 2011 set aside.' 'No action to be taken in respect of breaches of the bonds relating to the January 2011 offences.' 'For Tweed Heads offences: sentence of 4 months imprisonment for the first offence and 8 months imprisonment for the second offence;...