R v Ladas - [2020] NSWDC 832

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Ladas [2020] NSWDC 832
Hearing dates: 3 November 2020
Decision date: 09 November 2020
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Aggregate term of imprisonment of 10 years with a non parole period of 7 years 6 months.

Catchwords:
CRIME - SENTENCE - using an offensive weapon - assault occasioning actual bodily harm - intimidation - contravening an apprehended violence order - possessing or using a prohibited weapon without a permit

Legislation Cited:
Crimes Act 1900 (NSW): ss 33B(1)(a), 59(1); Crimes Domestic and Personal Violence Act 2007 (NSW): 13(1),14(1); Weapons Prohibition Act 1998 (NSW): s7(1)

Cases Cited:
R v GWM [2012] NSWCCA 240

Category: Sentence
Parties:
Regina (Crown)
Spiros Ladas (The Offender)
Representation:
Ms Forest (ODPP Solicitor)
Mr Drewett (Counsel for the offender)

File Number(s): 2019/165739
Publication restriction: Nil

Spiros Ladas, you appear for sentence today in relation to nine principal offences.
Two of the principal offences are using an offensive weapon. Each of those offences involves a contravention of s33B(1)(a) of the Crimes Act. The maximum penalty for each of those offences is 12 years imprisonment.
Four of the principal offences are assault occasioning actual bodily harm. Each of those offences involves a contravention of s59(1) of the Crimes Act. The maximum penalty for each of those offences is five years imprisonment.
Three of the principal offences are intimidation. Each of those offences involves a contravention of s13(1) of the Crimes Domestic and Personal Violence Act. The maximum penalty for those offences is also five years imprisonment.
In relation to most of the nine principal offences, there is a relevant Form 1.
In addition to the nine principal offences, you have consented to this Court dealing with one matter on a s166 certificate, namely contravening an apprehended violence order. This involves a contravention of s14(1) of the Crimes (Domestic and Personal Violence) Act. The maximum penalty for that offence in the Local Court is two years imprisonment and or a fine of 50 penalty units.
Furthermore, you have consented to this Court calling up a s9 bond which was imposed on you in the Local Court on 31 January 2017 for the offence of possessing or using a prohibited weapon without a permit. That offence involves a contravention of s7(1) of the Weapons Prohibition Act. The maximum penalty for that offence in the Local Court is two years imprisonment and / or a fine of 100 penalty units.
The facts surrounding the nine principal offences, the relevant Form 1 matters, and the s166 certificate matter are contained in a well drafted statement of agreed facts and are as follows.
You and the relevant victim (Tabitha Baker) were in an intimate relationship from April 2016 to February 2019. Ms Baker had two children from a previous relationship, one aged seven, one aged five. You and Ms Baker had a child as a result of your relationship who, at the relevant time, was only one year old.
You had…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Ladas

Details

AGLC: R v Ladas [2020] NSWDC 832
Case: [2020] NSWDC 832
Decision Date: 09 November 2020

CaseChat Overview and Summary

The matter before the court involved the sentencing of the appellant, Ladas, who had been found guilty of multiple serious offences, including assault occasioning actual bodily harm, intimidation, contravening an apprehended violence order, and possessing and using a prohibited weapon without a permit. The court was required to determine an appropriate sentence for the appellant's crimes.

The legal issues before the court included the gravity of the offences, the appellant's criminal history, and the need for general and specific deterrence. The court also considered the appellant's prospects for rehabilitation and the impact of the offences on the victims. The severity and nature of the weapons used in the offences were also significant factors in the sentencing process.

The court held that the offences were of considerable gravity, particularly due to the use of a weapon and the impact on the victims. The appellant's previous convictions for similar offences were taken into account, as was the need for general deterrence. The court also considered the appellant's prospects for rehabilitation, which were deemed to be poor. The court concluded that an aggregate term of imprisonment of 10 years was appropriate, with a non-parole period of 7 years 6 months.

The court ordered that the appellant be imprisoned for a total of 10 years, with a non-parole period of 7 years 6 months.

Orders

Orders of the court

Aggregate term of imprisonment of 10 years with a non parole period of 7 years 6 months.

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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Medium Neutral Citation:	R v Ladas [2020] NSWDC 832
Hearing dates:	3 November 2020
Decision date:	09 November 2020
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 10 years with a non parole period of 7 years 6 months.
Catchwords:	CRIME - SENTENCE - using an offensive weapon - assault occasioning actual bodily harm - intimidation - contravening an apprehended violence order - possessing or using a prohibited weapon without a permit
Legislation Cited:	Crimes Act 1900 (NSW): ss 33B(1)(a), 59(1); Crimes Domestic and Personal Violence Act 2007 (NSW): 13(1),14(1); Weapons Prohibition Act 1998 (NSW): s7(1)
Cases Cited:	R v GWM [2012] NSWCCA 240
Category:	Sentence
Parties:	Regina (Crown) Spiros Ladas (The Offender)
Representation:	Ms Forest (ODPP Solicitor) Mr Drewett (Counsel for the offender)
File Number(s):	2019/165739
Publication restriction:	Nil