R v Kyriakoulis [2024] NSWDC 304

R v Kyriakoulis [2024] NSWDC 304

The gravity of aggravated break and enter, especially in a domestic violence context, committed in the presence of children and in breach of court orders, necessitates a custodial sentence of sufficient length to mark the seriousness of the offending and to protect victims. The sentence is reduced for a guilty plea and attempts at rehabilitation, but must still reflect the aggravating circumstances. The offender's disadvantaged background, drug use, and engagement with rehabilitation are relevant mitigants but do not outweigh the need for deterrence and community protection.

Parties
Offender: Tristan Jamieson-Kyriakoulis; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
05 June 2024
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment of 3 years 4 months with a non-parole period of 2 years
Legal Topics
Property Offences, Break and Enter, Domestic Violence, Sentencing, Aggravating Factors, Mitigating Factors, Breach of Conditional Liberty, Breach of Apprehended Domestic Violence Order, Objective Seriousness, Instinctive Synthesis, Drug Addiction, Mental Illness, Deprived Childhood
Criminal Law Property Offences Break and Enter Domestic Violence Sentencing Aggravating Factors Mitigating Factors Breach of Conditional Liberty +6 more

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Parties

Tristan Jamieson-Kyriakoulis

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for aggravated break and enter with intent to commit serious indictable offence (assault) in a domestic violence context, including in the presence of children and breach of court orders
  2. 2 Relevance of drug addiction, mental illness, and disadvantaged background to the sentence
  3. 3 Application of aggravating and mitigating factors in sentencing

Ratio Decidendi

The gravity of aggravated break and enter, especially in a domestic violence context, committed in the presence of children and in breach of court orders, necessitates a custodial sentence of sufficient length to mark the seriousness of the offending and to protect victims. The sentence is reduced for a guilty plea and attempts at rehabilitation, but must still reflect the aggravating circumstances. The offender's disadvantaged background, drug use, and engagement with rehabilitation are relevant mitigants but do not outweigh the need for deterrence and community protection.

Court Disposition

Aggregate sentence of imprisonment of 3 years 4 months with a non-parole period of 2 years

Orders

  • Aggregate sentence to commence 9 April 2023
  • For breach of Domestic Violence Order: 9 months' imprisonment