Baradi v R [2018] NSWCCA 143

Baradi v R [2018] NSWCCA 143

Majority (Johnson J, Adamson J): The assault offence involved additional and distinct criminality from the aggravated break and enter offence; there was no double punishment and the appellant was properly convicted and sentenced for both offences. The sentences were not manifestly excessive. Simpson AJA (dissenting): The assault was fully subsumed in the break and enter offence, resulting in double punishment, and the conviction for assault should be set aside.

Parties
Appellant: Paul Baradi; Respondent: Crown
Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal dismissed. (By majority; Simpson AJA dissenting.)
Legal Topics
Appeal, Double Punishment, Aggravated Break and Enter, Sentencing, Domestic Violence, Assault, Manifestly Excessive Sentence
Criminal Law Appeal Double Punishment Aggravated Break and Enter Sentencing Domestic Violence Assault Manifestly Excessive Sentence

Case Brief

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Parties

Paul Baradi

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the elements of assault were contained in the aggravated break and enter offence
  2. 2 Whether conviction for assault resulted in double punishment
  3. 3 Whether the criminality of the assault was wholly encompassed in the break and enter offence

Ratio Decidendi

Majority (Johnson J, Adamson J): The assault offence involved additional and distinct criminality from the aggravated break and enter offence; there was no double punishment and the appellant was properly convicted and sentenced for both offences. The sentences were not manifestly excessive. Simpson AJA (dissenting): The assault was fully subsumed in the break and enter offence, resulting in double punishment, and the conviction for assault should be set aside.

Court Disposition

Appeal dismissed. (By majority; Simpson AJA dissenting.)

Orders

  • Time for filing the application for leave to appeal extended to 13 March 2018.
  • Leave to appeal granted.