R v Dates

[2024] NSWDC 628

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Dates [2024] NSWDC 628

Hearing dates:

20/12/24

Date of orders:

20/12/24

Decision date:

20 December 2024

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to an aggregate term of imprisonment of 3 years 6 months with a NPP of 2 years 6 months (13/12/23-12/6/26).

I find special circumstances.

The indicatives sentences are (taking into account a 25 percent discount):

Seq 7 Intimidate – 1 month

Seq 4 Assault – 2 months

Seq 16 Wounding – 2 years 10 months with NPP 2 years

Seq 14 Breach of AVO – 1 year 2 months.

I recommend that the offender be referred to the Intensive Drug and Alcohol Treatment Program (IDATP) for assessment.

Catchwords:

Crime – Sentence – Common assault – Intimidation – Reckless wounding – Contravene AVO

Legislation Cited:

Crimes Act 1900

Crimes (Domestic and Personal Violence) Act 2007

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen [2013] 249 CLR 571

Cherry v R [2017] NSWCCA 150

Hoskins v R [2021] NSWCCA 169

R v Hamid [2006] 164 A Crim R 179

Category:

Sentence

Parties:

NSW DPP – Crown
Offender – Kelvin Dates

Representation:

Ms Atkinson for Crown
Ms Suters for Offender

File Number(s):

23/452225

Publication restriction:

Names anonymised pursuant to s.45 of the Crimes (Domestic and Personal Violence) Act 2007

remarks on sentence

1. Mr Kelvin Dates is for sentence in relation to a number of offences, to which he has pleaded guilty, those offences being as follows. Firstly, the sequence 4 offence of common assault under s 61 of the Crimes Act 1900, maximum penalty for which is two years imprisonment. Secondly, an offence of intimidation under s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 for which the maximum penalty of five years imprisonment. Thirdly, an offence of reckless wounding under s 35(4) of the Crimes Act 1900, which is the sequence 16 offence and carries a maximum penalty of seven years and has a standard non-parole period of three years specified, and fourthly an offence which is the sequence 14 matter, which is to be dealt with on a s 166 certificate, of contravening an Apprehended Domestic Violence Order. The maximum penalty for that offence is two years imprisonment, and of course, in that matter I am subject to the jurisdictional limit that applies in the Local Court.

2. The maximum penalties and where applicable, standard non-parole period, are important guideposts and I have had regard to those in the sentencing exercise as being important yardsticks.

Plea of guilty

3. The offender pleaded guilty at the earliest opportunity and will be given a 25% discount by reason of the utilitarian value of those pleas of guilty.

Facts

4. The facts are agreed and in summary are as follows. The offender was born in 1982 and was aged 41 at the time of the offending, while the primary victim LH was born in 2004 and was 19 at the time of…