R v Beaver [2019] NSWDC 215

R v Beaver [2019] NSWDC 215

Jonathan Edward Beaver was sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4.5 years for a series of domestic violence and related offences, based on the objective seriousness of the conduct, aggravating and mitigating factors including the offender's guilty plea, remorse, and history of rehabilitation attempts. An additional concurrent sentence of 12 months was imposed for contravention of an ADVO. Special circumstances were found to justify a longer period on parole for rehabilitation, and sentences were adjusted to account for concurrency and totality principles.

Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to an aggregate term of imprisonment for a period of 7 years with a non-parole period of 4.5 years. For the matter on the s166 certificate of contravene ADVO, the offender is sentenced to a fixed term of imprisonment for a period of 12 months wholly concurrent with the aggregate sentence.
Legal Topics
['sentencing' 'domestic Violence' 'assault Occasioning Actual Bodily Harm' 'common Assault' 'armed With Intent' 'intimidation' 'act to Influence Witness' 'escape Police Custody' 'contravene Advo']
['criminal Law'] ['sentencing' 'domestic Violence' 'assault Occasioning Actual Bodily Harm' 'common Assault' 'armed With Intent' 'intimidation' 'act to Influence Witness' 'escape Police Custody' 'contravene Advo']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences including assault occasioning actual bodily harm, intimidation, armed with intent, act to influence witness, escape police custody, and contravention of ADVO while on parole']

Ratio Decidendi

Jonathan Edward Beaver was sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4.5 years for a series of domestic violence and related offences, based on the objective seriousness of the conduct, aggravating and mitigating factors including the offender's guilty plea, remorse, and history of rehabilitation attempts. An additional concurrent sentence of 12 months was imposed for contravention of an ADVO. Special circumstances were found to justify a longer period on parole for rehabilitation, and sentences were adjusted to account for concurrency and totality principles.

Court Disposition

The offender is sentenced to an aggregate term of imprisonment for a period of 7 years with a non-parole period of 4.5 years. For the matter on the s166 certificate of contravene ADVO, the offender is sentenced to a fixed term of imprisonment for a period of 12 months wholly concurrent with the aggregate sentence.

Orders

  • ['Aggregate sentence of 7 years imprisonment, non-parole period 4.5 years, commencing 1 January 2018 and expiring 31 December 2025; earliest release to parole 30 June 2022.' 'Fixed term of 12 months imprisonment for contravene ADVO, wholly concurrent, dated 1 January 2018 to 31 December 2018.']