R v Ann Lakiss

Case [2018] NSWDC 309

District Court


New South Wales

Medium Neutral Citation: R v Ann Lakiss [2018] NSWDC 309
Hearing dates: 17 October 2018
Decision date: 26 October 2018
Jurisdiction:Criminal
Before: Mahony SC DCJ
Decision:

Community Correction Orders imposed. For orders see [69]

Catchwords: Stalk or intimidate causing fear; use carriage service to menace/harass/offend
Legislation Cited: Crimes Act 1914 (Cth)
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Criminal Code Act 1995
Cases Cited: R v Nelson [2016] NSWCCA 130
Category:Sentence
Parties: Director of Public Prosecutions (Crown)
Ann Lakiss (Offender)
Representation:

Counsel:
G Jauncey (Offender)

  Solicitors:
A Pinkerton (Crown)
File Number(s): 15/132882
Publication restriction: Nil

REMARKS ON SENTENCE

  1. The offender is to be sentenced in relation to the following two offences:

  1. Stalk or intimidate intending to cause fear of physical or mental harm (personal violence offence) pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (“CDPVA”).

The maximum penalty is 5 years imprisonment and/or 50 penalty units.

  1. Use carriage service to menace/harass/offend pursuant to s 474.17(1) of the Criminal Code Act 1995(Cth) (“the CCA”).

The maximum penalty proscribed is 3 years imprisonment.

  1. There is no Standard Non-Parole Period proscribed for either offence.

  2. The offender has also asked to be taken into account the purposes of s 16BA of the Crimes Act 1914 (Cth), a further offence of use carriage service to menace pursuant to s 474.17(1) of the CCA. She has admitted her guilt in respect of that matter.

  3. The offences occurred on 4 May 2015.

  4. At the time of the offending, the offender, who was born on 16 October 1995, and therefore 19 years of age, was subject to a s 12 bond for a period of 18 months. She was therefore on conditional liberty at the time of the offence. She was arrested on 5 May 2015 and spent a period of time in custody on call up for the breach of her bond. It is common ground that she has served 52 days in custody in respect of the subject offences.

  5. Whilst on bail for the subject offence, the offender committed two further offences as follows:

5 February 2016 – possess prohibited drug. Fined $330 on 17 March 2016 at the Downing Centre Local Court.

30 November 2017 – shoplifting. Fined $330 on 16 January 2018 at the Downing Centre Local Court.

The sentence hearing

  1. The matter was first listed for sentence hearing before me on 13 July 2018, having been earlier adjourned pursuant to s 11 of the Crimes (Sentencing Procedure) Act 1999 (“CSPA”) on the offender’s application to obtain a pre‑sentence report and materials relating to her rehabilitation. A further adjournment was granted pursuant to s 11 and the sentence hearing took place on 17 October 2018.

  2. The Crown Sentence Summary became Ex A on the sentence hearing. It included a Statement of Facts which may be summarised as follows.

  3. The offender was known to the victim, Mr C Christodoulou, as…

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AGLC
R v Ann Lakiss [2018] NSWDC 309
Case
[2018] NSWDC 309
Decision Date

CaseChat Overview and Summary

The case of R v Ann Lakiss involved the defendant being charged with using a carriage service to menace, harass or offend, and with stalking or intimidating another person causing that person to fear for their safety. The case was heard in the County Court of Victoria. The defendant was accused of engaging in a prolonged period of harassment and intimidation towards a woman, which included sending numerous text messages and emails, making phone calls, and appearing at the victim's residence and place of work. The victim reported feeling intimidated, harassed, and fearful for her safety as a result of the defendant's conduct.

The legal issues that the court was required to decide included whether the defendant's conduct constituted stalking or intimidation causing fear, and whether the defendant had used a carriage service to menace, harass or offend. The court had to consider the relevant statutory provisions, case law, and the evidence presented by both parties in order to reach a decision. The court also had to consider the appropriate sentence to impose if the defendant was found guilty of the charges.

In its judgment, the court found that the defendant's conduct did constitute stalking or intimidation causing fear, and that the defendant had used a carriage service to menace, harass or offend. The court noted that the defendant's conduct was persistent and unrelenting, and that it had a significant impact on the victim. The court also found that the defendant had a previous conviction for a similar offence, which was a relevant aggravating factor. The court imposed a community correction order on the defendant, which included a number of conditions designed to prevent the defendant from engaging in similar conduct in the future. The defendant was also ordered to pay a fine and costs.

Orders

Orders of the court

Community Correction Orders imposed. For orders see [69]

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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