R v Thomas [2021] NSWDC 839

R v Thomas [2021] NSWDC 839

The aggregate sentence imposed reflects the gravity of repeated domestic violence offences perpetuated by the offender, the serious physical and psychological harm to the victim, the presence of a child, use of a weapon, and breach of court orders, with reductions for youth, complex trauma, guilty pleas, and special circumstances, while emphasising both denunciation and some hope for rehabilitation.

Parties
Offender: Stephen Thomas; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
12 November 2021
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 4 years 6 months with a non-parole period of 2 years 6 months imposed; nine-month sentence for AVO breach; backup offences dismissed.
Legal Topics
Sentencing, Domestic Violence, Breach of Apprehended Domestic Violence Order, Detain for Advantage, Reckless Choking, Armed With Intent
Criminal Law Sentencing Domestic Violence Breach of Apprehended Domestic Violence Order Detain for Advantage Reckless Choking Armed With Intent

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Parties

Stephen Thomas

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What sentence should be imposed for aggravated detain with intent to obtain advantage, intentionally choke with recklessness, contravene Apprehended Domestic Violence Order, and associated domestic violence offences?
  2. 2 How should the offender's deprived background, trauma, and guilty pleas affect the sentence?
  3. 3 What weight should be given to general and specific deterrence and community protection in sentencing for domestic violence offences?

Ratio Decidendi

The aggregate sentence imposed reflects the gravity of repeated domestic violence offences perpetuated by the offender, the serious physical and psychological harm to the victim, the presence of a child, use of a weapon, and breach of court orders, with reductions for youth, complex trauma, guilty pleas, and special circumstances, while emphasising both denunciation and some hope for rehabilitation.

Court Disposition

Aggregate sentence of 4 years 6 months with a non-parole period of 2 years 6 months imposed; nine-month sentence for AVO breach; backup offences dismissed.

Orders

  • Nine months imprisonment for contravene AVO (Domestic), commencing 20 January 2021.
  • Three years nine months imprisonment for s 86 detain with intent (aggregate), incorporating Form 1 matter.