R v Fam
Case
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[2023] NSWDC 119
•25 January 2023
Details
AGLC
Case
Decision Date
R v Fam [2023] NSWDC 119
[2023] NSWDC 119
25 January 2023
CaseChat Overview and Summary
In the case of R v Fam, the defendant was convicted and sentenced for a series of criminal offences. The defendant was found guilty of assault occasioning actual bodily harm, common assault, and breaches of an apprehended domestic violence order. The case was heard in the relevant court which imposed a sentence of imprisonment.
The primary legal issues addressed by the court included the appropriate sentence for each offence, taking into account the defendant's criminal history, the circumstances of the offences, and the need to protect the community. The court had to weigh the severity of each offence, the defendant's culpability, and any aggravating or mitigating factors. The court also had to determine whether any of the offences were part of a series of related incidents that warranted a cumulative sentence.
In determining the sentence, the court considered the nature and circumstances of the offences, the defendant's criminal history, and the need to protect the community. The court found that the offences were serious and that the defendant had shown a disregard for the law and the safety of others. The court also found that the defendant had breached an apprehended domestic violence order, which was an aggravating factor. The court concluded that the appropriate sentence was an aggregate term of imprisonment of 2 years and 7 months, with a non-parole period of 1 year and 7 months. The court found special circumstances and imposed indicative sentences for each offence, taking into account the defendant's criminal history and the need to deter future offending.
The primary legal issues addressed by the court included the appropriate sentence for each offence, taking into account the defendant's criminal history, the circumstances of the offences, and the need to protect the community. The court had to weigh the severity of each offence, the defendant's culpability, and any aggravating or mitigating factors. The court also had to determine whether any of the offences were part of a series of related incidents that warranted a cumulative sentence.
In determining the sentence, the court considered the nature and circumstances of the offences, the defendant's criminal history, and the need to protect the community. The court found that the offences were serious and that the defendant had shown a disregard for the law and the safety of others. The court also found that the defendant had breached an apprehended domestic violence order, which was an aggravating factor. The court concluded that the appropriate sentence was an aggregate term of imprisonment of 2 years and 7 months, with a non-parole period of 1 year and 7 months. The court found special circumstances and imposed indicative sentences for each offence, taking into account the defendant's criminal history and the need to deter future offending.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Breach of Contract
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Assault occasioning actual bodily harm
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Breach of apprehended domestic violence orders
Actions
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Citations
R v Fam [2023] NSWDC 119
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
R v Fangaloka
[2019] NSWCCA 173
R v Crombie
[1999] NSWCCA 297
R v Hamid
[2006] NSWCCA 302