R v Holland [2022] NSWDC 118

R v Holland [2022] NSWDC 118

The offender, a repeat domestic violence perpetrator, intentionally wounded a vulnerable victim with a weapon in presence of her children, aggravating the offence. Full-time imprisonment is mandated; some moderation for intellectual disability and extra curial punishment. Special circumstances found for parole. Non-parole period set at 66%, reflecting need for post-release supervision.

Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to full-time imprisonment; apprehended violence order issued
Legal Topics
['sentencing' 'domestic Violence' 'wounding With Intent' 'aggravating and Mitigating Factors' 'apprehended Violence Order']
['criminal Law'] ['sentencing' 'domestic Violence' 'wounding With Intent' 'aggravating and Mitigating Factors' 'apprehended Violence Order']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for wounding with intent to cause grievous bodily harm' 'Aggravating and mitigating factors in sentencing domestic violence offences' 'Application of extra curial punishment principle' 'Eligibility for special circumstances in parole determination' 'Factors affecting prospects of rehabilitation']

Ratio Decidendi

The offender, a repeat domestic violence perpetrator, intentionally wounded a vulnerable victim with a weapon in presence of her children, aggravating the offence. Full-time imprisonment is mandated; some moderation for intellectual disability and extra curial punishment. Special circumstances found for parole. Non-parole period set at 66%, reflecting need for post-release supervision.

Court Disposition

offender sentenced to full-time imprisonment; apprehended violence order issued

Orders

  • ['Mr Holland sentenced to 4 years and 6 months imprisonment commencing 11 December 2020, non-parole period of 3 years expiring 10 December 2023.' 'Final apprehended violence order for protection of Shannon Polmear, with conditions as stated, for two years.' 'If convicted of contravening AVO, maximum penalty is two...