R v McDonald [2022] NSWDC 620

R v McDonald [2022] NSWDC 620

Given the objective seriousness of the common assault—committed in the complainant's home, in presence of a child, and with aggressive conduct—a 12-month term of imprisonment is appropriate. The offence is treated as a domestic violence offence, requiring a final ADVO to be made for protection of the complainant.

Jurisdiction
Australia
Judgment Date
12 September 2022
Procedural Posture
Criminal / Sentence
Outcome
offender convicted, sentenced to 12 months imprisonment, final ADVO ordered
Legal Topics
['violent Offences' 'common Assault' 'domestic Violence' 'sentencing']
['criminal Law'] ['violent Offences' 'common Assault' 'domestic Violence' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for count of common assault' 'Application of Crimes (Domestic and Personal Violence) Act provisions' 'Whether offence constitutes domestic violence offence' 'Need for apprehended violence order (ADVO)']

Ratio Decidendi

Given the objective seriousness of the common assault—committed in the complainant's home, in presence of a child, and with aggressive conduct—a 12-month term of imprisonment is appropriate. The offence is treated as a domestic violence offence, requiring a final ADVO to be made for protection of the complainant.

Court Disposition

offender convicted, sentenced to 12 months imprisonment, final ADVO ordered

Orders

  • ['Conviction of count 4 (common assault)' 'Imprisonment for 12 months commencing 11 March 2021, expiring 10 March 2022' 'No non-parole period set as sentence has expired; offender released forthwith' 'Final ADVO ordered pursuant to Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 39(1A), terms per...