MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Krysta v Kemppainen |
Citation: | [2023] ACTMC 39 |
Hearing Date: | 25 October 2023 |
Decision Date: | 25 October 2023 |
Before: | Special Magistrate Richter |
Decision: | Imprisonment – 9 months, 18 days – suspended after 5 months, bond for 2 years to be of good behaviour and supervised for 15 months |
Catchwords: | CRIMINAL LAW – Judgment and Punishment – Sentence – assault occasioning actual bodily harm – family violence – damage property – use carriage service to menace |
Legislation Cited: | Crimes Act 1900 (ACT) ss 24(1), 160, 374-5 Crimes (Sentencing) Act 2005 (ACT) ss 7, 10, 33, 34B Criminal Code Act 1995 (Cth) s 474.17(1) Family Violence Act 2016 (ACT) preamble Family Violence Legislation Amendment Act 2022 (ACT) |
Cases Cited: | |
Parties: | G Krysta ( Informant) M Kemppainen ( Defendant) |
Representation: | Counsel J Melloy ( Informant) T Sharman ( Defendant) |
| Solicitors ACT Director of Public Prosecutions Tim Sharman Solicitors ( Defendant) | |
File Number: | CC 2023/4568 CC 2023/4569 CC 2023/4570 CC 2023/4572 |
SPECIAL MAGISTRATE RICHTER:
Introduction
1․Matti Kemppainen, you are before the court, having pled guilty to the following charges:
(a)CC 2023/4568: Use carriage service to menace – Criminal Code Act 1995 (Cth) s 474.17(1)
Maximum penalty 5 years imprisonment
(b)CC 2023/4569: Assault occasioning actual bodily harm – Crimes Act 1900 (ACT) s 24(1)
Maximum penalty 5 years imprisonment
(c)CC 2023/4570: Assault occasioning actual bodily harm – Crimes Act 1900 (ACT) s 24(1)
Maximum penalty 7 years imprisonment
(d)CC 2023/4571: Damage property – Crimes Act 1900 (ACT) s 160
Maximum penalty 60 penalty units ($9,600) and/or 3 years imprisonment.
2․The jurisdictional maximum penalty in this Court is $15,000 and/or 5 years imprisonment by operation of the Crimes Act 1900 (ACT) s 375.
3․You entered your pleas of guilty on your 5th appearance for CC2023/4568, and on the 6th occasion in relation to the remainder of the charges. I accept that the pleas to these charges were delayed while negotiations occurred in relation to other charges which were ultimately withdrawn or discontinued by the prosecution.
4․Your pleas in this case still provide the court and the community with a benefit. Your pleas were entered without the matters being listed for a hearing, and as such, I consider that a discount of 20% on any sentence I give is appropriate.
Circumstances of offence
5․Each of the charges arise from your relationship with your domestic partner (who I will refer to as Susan Smith), and she is the victim in each charge. You were in an intimate relationship for 2 years. The two of you lived together along with your children from previous relationships. You and Susan did not have children together.
6․On 5 May 2022, you were made aware of an incident involving one of Susan’s children with one of your children.
7․That afternoon, you and Susan argued. You then left. She…
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- AGLC
- Krysta v Kemppainen [2023] ACTMC 39
- Case
- [2023] ACTMC 39
- Decision Date
CaseChat Overview and Summary
The court considered the severity and frequency of the offences, the defendant's background, and the impact of the crimes on the victim. It was noted that the offences were part of a pattern of family violence, which significantly affected the victim. The court found that while the original sentence was not manifestly excessive, it could be regarded as unduly lenient given the seriousness of the offences and the need for deterrence and denunciation. The appeal was allowed, and a more severe sentence was imposed, consisting of a term of imprisonment of nine months and eighteen days, suspended after five months, with a bond for two years to be of good behaviour and supervised for fifteen months.
Orders
Orders of the court
Imprisonment – 9 months, 18 days – suspended after 5 months, bond for 2 years to be of good behaviour and supervised for 15 months
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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