District Court
New South Wales
Medium Neutral Citation: R v French [2020] NSWDC 767 Hearing dates: 11 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [25 - 26]
Catchwords: CRIME — Violent offences — Stalking or intimidation
CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Circumstances of aggravation
CRIME — Property offences — Destroying or damaging property
ANIMALS — Animal cruelty — Causing unnecessary pain and cruelly ill-treating
CRIME — Violent offences — Common assault
CRIME — Violent offences — Detain for advantage
Legislation Cited: Criminal Procedure Act 1986 (NSW)
Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Muldrock v The Queen [2011] HCA 39
Brighton v Will [2020] NSWSC 435
DPP v De La Rosa (2010) 79 NSWLR 1
R v Engert (1995) 84 A Crim R 67
R v Holder [1983] 3 NSWLR 245
Category: Sentence Parties: Regina (Crown)
French (Offender)Representation: Stephenson Solicitor for the Direction of Public Prosecutions
Cochrane Counsel for the Offender
File Number(s): 2019/00372483 Publication restriction: Unrestricted
Judgment
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The offender, Shaun French appears for sentence on five charges. In respect of one of those charges there are two further matters to take into account by way of the form 1 procedure. Another one of the 5 charges is to be dealt with pursuant to section 166 of the Criminal Procedure Act as a summary matter.
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The offender was born on 9 September 1986 so that he is now 34 years of age. The offending occurred in the months of October and November 2019 when he was 33 years of age.
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The offender was arrested on 26 November 2019 and has been in custody since that date. It is agreed that the whole of that time has been in respect of the offences now being sentenced. As at the date of these orders, 17 December 2020 that is a period of 12 months and 22 days.
Charges, maximum sentences, SNPP
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The charges are as follows:
4.1. That on 6 October 2019 committed an act of cruelty on an animal and killed that animal, a cat. This offence has a maximum sentence of five years. There is no standard non-parole period.
4.2. That on 19 October 2019 in contravention of section 86 (1) (b) of the Crimes Act took a person referred to hereafter as victim 1, with the intention of obtaining an advantage. The maximum sentence for that offence is 14 years. There is no standard non-parole period.
4.3. That on the evening of 19/20 October 2019 in breach of section 13 (1) of the Crimes (Domestic and Personal Violence) Act intimidated victim 1. The maximum sentence for this offence is five…
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- AGLC
- R v French [2020] NSWDC 767
- Case
- [2020] NSWDC 767
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the proportionality and adequacy of the sentences handed down to the respondent for his various criminal activities. The court needed to consider the cumulative impact of the offences and assess whether the sentences reflected the seriousness of the crimes, taking into account the principles of criminal law and sentencing. This included examining the aggravating factors present in the case, such as the repetitive nature of the stalking, the extent of property damage, and the cruelty involved in the treatment of animals.
The court meticulously reviewed the sentencing decisions, highlighting the significant impact of French's actions on the victims and the community. It was noted that the original sentences did not adequately reflect the gravity of the offences, particularly given the multiple instances of stalking and the repeated nature of the property damage. The court found that the original penalties were too lenient and did not sufficiently deter future criminal conduct or provide adequate punishment. Consequently, the court varied the sentences, imposing harsher penalties that better aligned with the seriousness of the crimes committed.
The final orders of the court included a revision of the sentences to ensure they were commensurate with the offences. The court increased the penalties for each charge, taking into account the cumulative effect of the crimes. The revised sentences were designed to provide a stronger deterrent, reflect the gravity of the respondent's actions, and ensure that justice was appropriately served in light of the extensive harm caused.
Orders
Orders of the court
See [25 - 26]
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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