R v Eslick [2022] NSWDC 422

R v Eslick [2022] NSWDC 422

Given the seriousness and escalating nature of the offending, prior non-compliance with community corrections orders, and concerns about protection of the victim, a full-time custodial sentence was appropriate and an ICO was not warranted. The aggregate sentence imposed by the Local Court was affirmed, with the only variation being a backdating of the commencement date to account for time in custody.

Parties
Appellant: Mr C Eslick; Respondent: ODPP
Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Severity Appeal / Appeal From Local Court Sentence
Outcome
Appeal dismissed except for varying the commencement date of sentence.
Legal Topics
Severity Appeal, Domestic Violence Offences, Contravention of ADVO, Sentencing
Criminal Law Severity Appeal Domestic Violence Offences Contravention of ADVO Sentencing

Case Brief

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Parties

Mr C Eslick

Appellant

ODPP

Respondent

Procedural Posture

Severity Appeal / Appeal From Local Court Sentence

Legal Issues

  1. 1 Whether the sentence imposed by the Local Court was manifestly excessive
  2. 2 Whether a full-time custodial sentence was appropriate given the circumstances
  3. 3 Whether an Intensive Correction Order (ICO) was appropriate

Ratio Decidendi

Given the seriousness and escalating nature of the offending, prior non-compliance with community corrections orders, and concerns about protection of the victim, a full-time custodial sentence was appropriate and an ICO was not warranted. The aggregate sentence imposed by the Local Court was affirmed, with the only variation being a backdating of the commencement date to account for time in custody.

Court Disposition

Appeal dismissed except for varying the commencement date of sentence.

Orders

  • Order that the starting date for the appellant's sentence is backdated to 7 August 2022.
  • Otherwise, confirm the Local Court's sentence: aggregate 12 months' imprisonment, expiring 6 August 2023, non-parole period of 8 months expiring 6 April 2023.