R v Frankiewicz

Case

[2015] NSWDC 309

29 May 2015


Details
AGLC Case Decision Date
R v Frankiewicz [2015] NSWDC 309 [2015] NSWDC 309 29 May 2015

CaseChat Overview and Summary

The case of R v Frankiewicz involved the defendant, Frankiewicz, who was charged with assault occasioning actual bodily harm, and other backup charges. The case was heard in the Supreme Court of New South Wales. Frankiewicz had pled guilty to the principal charge of assault occasioning actual bodily harm and the backup charges. The legal issues before the court were the determination of an appropriate sentence for the principal charge and the backup charges, taking into consideration the principles of sentencing and any mitigating or aggravating factors.

The court considered the principles of sentencing and the circumstances of the case, including the defendant's guilty plea, the nature and circumstances of the offence, the harm caused to the victim, and the defendant's criminal history. The court also considered the defendant's personal circumstances, including his history of domestic violence and his efforts to address his issues. The court found that the principal charge of assault occasioning actual bodily harm was a serious offence that warranted a significant sentence, but also took into account the defendant's guilty plea and efforts to address his issues. The court sentenced the defendant to a term of imprisonment of 3 years and 9 months with a non-parole period of 1 year 6 months for the principal charge, and to lesser terms of imprisonment for the backup charges.

The court also noted the importance of addressing domestic violence and the need for appropriate sentencing to deter future offending. The court emphasised the need for the defendant to address his issues and to take responsibility for his actions. The court made orders for the defendant to be sentenced to a term of imprisonment of 3 years and 9 months with a non-parole period of 1 year 6 months for the principal charge, and to lesser terms of imprisonment for the backup charges. The court also made orders for the defendant to participate in a rehabilitation program and to comply with any other conditions imposed by the court.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Apprehended Domestic Violence

  • Actual Bodily Harm

  • Early Plea

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Cases Citing This Decision

0

Cases Cited

11

Statutory Material Cited

2

Pearce v The Queen [1998] HCA 57
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Smith v R [2013] NSWCCA 209