R v DD

[2017] ACTSC 109

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v DD

Citation:

[2017] ACTSC 109

Hearing Date:

5 May 2017

DecisionDate:

8 May 2017

Before:

Elkaim J

Decision:

See paragraph [31]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – assault occasioning actual bodily harm – stalking – attempting to contravene a protection order – contravening a protection order – domestic violence – criminal history

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10 and 33

Crimes (Sentence Administration) Act 2005 (ACT) s 108

Cases Cited:

R v Hamid [2006] NSWCCA 302; 164 A Crim R 179

R v Rappel [2017] ACTSC 38

Roncevic v Boxx [2015] ACTSC 53

Parties:

The Queen (Crown)

DD (Offender)

Representation:

Counsel

E Beljic (Crown)

J Sabharwal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Hill and Rummery (Offender)

File Number:

SCC 32 of 2017

ELKAIM J:

1. The offender has pleaded guilty to one count of assault occasioning actual bodily harm, one count of stalking, six counts of attempting to contravene a protection order and one count of contravening a protection order.

1. The maximum sentence for the assault is five years’ imprisonment. The maximum sentence for stalking is two years’ imprisonment. The maximum sentence for a breach of a protection order is a fine of $75,000 and/or imprisonment for five years.

1. The offender entered pleas to an amended indictment on 5 May 2017. The offender is entitled to a discount for the utilitarian value of his pleas of guilty.

1. The offences arise from a relationship between the offender and the victim, beginning in 2004. They commenced living together in about 2006. The offender moved out of the victim’s home in August 2016.  

1. The offences occurred both during the course of the relationship and after it had come to an end.

1. The offender and the victim are co-owners and directors of a business in Braddon.  

1. The assault charge arises from an incident on 22 December 2011. The offender, apparently in a jealous rage and suspecting the victim of having an affair, grabbed the victim by the wrists and pushed her onto the bed. He shoved a mobile phone into her mouth, pinning her down onto the bed, and pushed her face. The victim found it difficult to breathe.

1. A more detailed description of the attack is contained in the statement of facts. I note that the victim consulted a doctor later that day. His records indicate the presence of bruising and scratches. The doctor recorded a history consistent with the allegations. The victim felt pain and discomfort in her nose and cheek bones for about 10 days after the incident.

1. The stalking offence occurred during August and September 2016. The details are, once again, contained in the statement of facts. In short, the offender used a mobile phone tracking device to monitor the activities of the victim.

1. On 30 August 2016, the victim was granted an Interim Domestic Violence Order by a Magistrate. The six…