District Court
New South Wales
Medium Neutral Citation: R v Boujandy (No. 5) [2023] NSWDC 316 Hearing dates: 5 September 2022
6 September 2022
7 September 2022
8 September 2022
9 September 2022
12 September 2022
13 September 2022
15 September 2022
20 October 2022
28 March 2023
30 March 2023
28 April 2023 (directions)
7 June 2023 (written submissions)
3 July 2023 (written submissions)
5 July 2023 (written submissions)
13 July 2023
14 July 2023
18 July 2023 (written submissions)
20 July 2023 (written submissions)
26 July 2023 (written submissions)
10 August 2023
16 August 2023Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Criminal Before: Montgomery DCJ Decision: See [188]
Catchwords: CRIME – Sentence – Limiting Term – Penalty Hearing – Contribution of mental health to objective seriousness of offending – Contribution of childhood deprivation to subjective moral culpability of offending – Domestic violence – Firearm offences
Legislation Cited: Crimes Act 1900 (NSW), ss 33B(1)(a), 59(1), 61
Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 54D(1)(b)
Criminal Procedure Act 1986 (NSW), s 166
Firearms Act 1996 (NSW), ss 7(1), 36(1)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 59, 63, 64, 65
Mental Health (Criminal Procedure) Act 1990 (NSW), s 28
Mental Health (Forensic Provisions) Act 1990 (NSW), s 32
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Director of Public Prosecutions v Khoury (2014) 306 ALR 86; (2014) 238 A Crim R 251; [2014] NSWCA 15
DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
DS v R; DM v R [2022] NSWCCA 156
Muldrock v The Queen (2010) 244 CLR 120
R v Boujandy (No. 4) [2023] NSWDC 124
R v Mailes (2004) 62 NSWLR 181; [2004] NSWCCA 394
R v Mitchell [1999] NSWCCA 120
Category: Sentence Parties: Rex (Crown)
Charles Boujandy (Defendant)Representation: Counsel:
Solicitors:
Crown: Mr M Paish (Crown)
Defendant: Mr A Norrie (Defendant)
Office of the Director of Public Prosecutions (Crown)
Odtojan & Associates (Defendant)
File Number(s): 2019/372995
2019/269086
2019/256031
Judgment
The Offences
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Following my principal judgment 20 October 2022, after a Special Hearing, the defendant, Mr Charles Boujandy, is to be sentenced for the following offences which I found proved beyond reasonable doubt on the limited evidence available:
Count 1: The defendant, between 30 September 2008 and 1 November 2008, at Merrylands in the State of New South Wales, did assault Sally Boujandy; s 61 Crimes Act 1900 (NSW); maximum penalty – 2 years imprisonment and/or fine of $110,000.
Count 2: The defendant, between…
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- AGLC
- R v Boujandy (No. 5) [2023] NSWDC 316
- Case
- [2023] NSWDC 316
- Decision Date
CaseChat Overview and Summary
The court considered the defendant's mental health and childhood deprivation in relation to the objective seriousness of the offending. The court found that while these factors contributed to the defendant's offending, they did not diminish the gravity of the crimes committed. In assessing the subjective moral culpability, the court recognised the significant impact of the defendant's childhood deprivation on their capacity to understand and conform to societal norms. However, the court concluded that these factors did not absolve the defendant of responsibility for their actions.
Ultimately, the court balanced the objective seriousness of the crimes with the mitigating circumstances presented. The court determined that the defendant's mental health and history of deprivation were important considerations in understanding the context of the offending. However, these factors were not sufficient to warrant a substantial reduction in the sentence. The court imposed a sentence that reflected the seriousness of the crimes, while also taking into account the defendant's personal circumstances.
Orders
Orders of the court
See [188]
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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