Siemek v R [2017] NSWCCA 18

Siemek v R [2017] NSWCCA 18

The sentencing Judge did not err in treating the Applicant's commission of the 10 January 2015 offences while on a suspended sentence bond as an aggravating factor under s 21A(2)(j), and that did not amount to double counting the earlier breach. Partial accumulation was open because the offending involved separate domestic violence offences against different victims. The total effective sentence was not unreasonable or plainly unjust given the seriousness of the attack, the Applicant's domestic violence history and breach of an apprehended domestic violence order, while allowing for his mental illness and reduced moral culpability.

Jurisdiction
Australia
Judgment Date
01 March 2017
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 refused.
Legal Topics
['recklessly Causing Grievous Bodily Harm' 'contravention of Apprehended Domestic Violence Order' 'conditional Liberty as Aggravating Factor' 'accumulation and Concurrency of Sentences' 'totality Principle' 'manifest Excess' 'mental Illness in Sentencing']
['criminal Law' 'sentencing' 'domestic Violence'] ['recklessly Causing Grievous Bodily Harm' 'contravention of Apprehended Domestic Violence Order' 'conditional Liberty as Aggravating Factor' 'accumulation and Concurrency of Sentences' 'totality Principle' 'manifest Excess' 'mental Illness in Sentencing']

Case Brief

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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 double counted the Applicant's conditional liberty by treating it as an aggravating factor and partially accumulating the sentences on the sentence imposed for breach of the conditional liberty order." 'Whether the sentencing Judge erred by partially accumulating the sentences for the offences committed on 10 January 2015 on the sentence imposed for breach of the suspended sentence bond.' 'Whether the overall effective sentence was manifestly excessive.']

Ratio Decidendi

The sentencing Judge did not err in treating the Applicant's commission of the 10 January 2015 offences while on a suspended sentence bond as an aggravating factor under s 21A(2)(j), and that did not amount to double counting the earlier breach. Partial accumulation was open because the offending involved separate domestic violence offences against different victims. The total effective sentence was not unreasonable or plainly unjust given the seriousness of the attack, the Applicant's domestic violence history and breach of an apprehended domestic violence order, while allowing for his mental illness and reduced moral culpability.

Court Disposition

Leave to appeal against sentence refused.

Orders

  • ['Leave to appeal against sentence refused.']