R v Huynh [2023] NSWDC 24

R v Huynh [2023] NSWDC 24

Given the repeated, serious nature of the domestic violence offending, breach of the apprehended domestic violence order, aggravating factors including violence, presence of children, emotional harm, and the principle of deterrence, no penalty other than full-time imprisonment is appropriate. The sentences for each offence are reduced by 25% for the utilitarian value of the plea of guilty. An aggregate sentence sufficiently reflects the overall criminality and satisfies the principles of totality.

Parties
Prosecutor: Rex; Offender: Mr Davis Huynh
Jurisdiction
Australia
Judgment Date
10 February 2023
Procedural Posture
Sentence / Judgment and Orders After Guilty Plea
Outcome
The offender is convicted and sentenced to an aggregate term of imprisonment of four years, with a non-parole period of three years commencing 17 March 2022. The earliest date of eligibility for parole is 16 March 2025.
Legal Topics
Sentencing, Domestic Violence, Attempted Aggravated Break and Enter, Contravene Apprehended Violence Order
Criminal Law Sentencing Domestic Violence Attempted Aggravated Break and Enter Contravene Apprehended Violence Order

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Parties

Rex

Prosecutor

Mr Davis Huynh

Offender

Procedural Posture

Sentence / Judgment and Orders After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for attempted aggravated break and enter with intent knowing person there and contravene prohibition/restriction in apprehended violence order (AVO) in the context of domestic violence and prior convictions

Ratio Decidendi

Given the repeated, serious nature of the domestic violence offending, breach of the apprehended domestic violence order, aggravating factors including violence, presence of children, emotional harm, and the principle of deterrence, no penalty other than full-time imprisonment is appropriate. The sentences for each offence are reduced by 25% for the utilitarian value of the plea of guilty. An aggregate sentence sufficiently reflects the overall criminality and satisfies the principles of totality.

Court Disposition

The offender is convicted and sentenced to an aggregate term of imprisonment of four years, with a non-parole period of three years commencing 17 March 2022. The earliest date of eligibility for parole is 16 March 2025.

Orders

  • The offender is convicted of both offences.
  • Count 1: Sentence of imprisonment for three years and nine months (after 25% discount for guilty plea).