R v Matthew Schuman [2022] NSWDC 165

R v Matthew Schuman [2022] NSWDC 165

The offending involved serious, planned and repeated invasions of former partners' privacy and safety, including surveillance devices, tracking devices, entry into a dwelling, stalking or intimidation and breach of an apprehended violence order, causing extensive harm. Although the offender received a 25% discount for guilty pleas and allowance was made for childhood exposure to violence, mental health, delay, onerous COVID-19 custody and special circumstances, the objective gravity, separate victims, need for denunciation, punishment, deterrence and protection required imprisonment by way of an aggregate sentence with partial notional accumulation.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
The defendant was convicted and sentenced to an aggregate sentence of 5 years and 6 months imprisonment with a non-parole period of 3 years and 8 months.
Legal Topics
['break and Enter With Intent to Commit Serious Indictable Offence' 'larceny' 'stalking or Intimidation' 'contravene Apprehended Violence Order' 'possess Surveillance Device Intending Unlawful Use' 'use Listening Device to Record a Conversation' 'use Tracking Device to Determine Location of an Object' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing' 'domestic Violence' 'property Offences' 'surveillance Devices'] ['break and Enter With Intent to Commit Serious Indictable Offence' 'larceny' 'stalking or Intimidation' 'contravene Apprehended Violence Order' 'possess Surveillance Device Intending Unlawful Use' 'use Listening Device to Record a Conversation' 'use Tracking Device to Determine Location of an Object' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for six principal offences, Form 1 matters and one offence on a s 166 certificate.' 'The objective seriousness of the surveillance device, property, stalking or intimidation, tracking device and apprehended violence order offending.' "Whether aggravating features including offending in the victims' homes, a series of criminal acts, and planning or organisation should affect sentence without double counting." 'The weight to be given to victim impact statements and harm caused to victims.' "The relevance of the offender's childhood exposure to violence, mental health, substance use, remorse, rehabilitation prospects, delay, COVID-19 custodial conditions, totality and special circumstances."]

Ratio Decidendi

The offending involved serious, planned and repeated invasions of former partners' privacy and safety, including surveillance devices, tracking devices, entry into a dwelling, stalking or intimidation and breach of an apprehended violence order, causing extensive harm. Although the offender received a 25% discount for guilty pleas and allowance was made for childhood exposure to violence, mental health, delay, onerous COVID-19 custody and special circumstances, the objective gravity, separate victims, need for denunciation, punishment, deterrence and protection required imprisonment by way of an aggregate sentence with partial notional accumulation.

Court Disposition

The defendant was convicted and sentenced to an aggregate sentence of 5 years and 6 months imprisonment with a non-parole period of 3 years and 8 months.

Orders

  • ['In relation to each offence, Matthew Schuman is convicted.' 'The offender is sentenced to a total aggregate sentence of five years and six months imprisonment to date from 7 July 2020 and expire on 6 January 2026.' 'A non-parole period of three years and eight months imprisonment is fixed to date from 7 July 2020...