R v Paulson - [2024] NSWDC 332

District Court

New South Wales

Medium Neutral Citation: R v Paulson [2024] NSWDC 332
Hearing dates: 4 April 2024
Date of orders: 1 May 2024
Decision date: 01 May 2024
Jurisdiction: Criminal
Before: Sutherland SC DCJ
Decision:
Aggregate sentence of 3 years and 6 months with a non-parole period of 2 years and 3 months, at [175] – [183].

Catchwords:
CRIME — Violent offences — Detain for advantage
CRIME — Domestic violence — Stalking or intimidation — history of offences against same victim
CRIME — Attempt to influence a witness with intent to procure an acquittal — Calls to victim from gaol
SENTENCING — Aggravating factors — Record of previous convictions — Relevance of Bugmy factors
SENTENCING — Mitigating factors — Remorse and rehabilitation — Steps taken by offender in gaol however outweighed by risk to victim and community

Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Cases Cited: Black v R [2008] NSWCCA 337
Bugmy v The Queen [2013] HCA 387
Callaghan v R [2006] NSWCCA 58
Evans v R [2017] NSWCCA 281
R v Beaver (2019) NSWDC 215
R v Burton [2008] NSWCCA 128
R v Fernando (1992) 76 A Crim R 58
R v Glen (Unreported 19 December 1994, BC 9403423)
R v Hamid [2006] NSWCCA 302
R v Kilic [2016] HCA 48; 259 CLR 256
R v Millwood [2012] NSWCCA 2
R v Newell [2004] NSWCCA 183
Rv Newman, R v Simpson [2004] NSWCCA 102
R v Rush [2022] NSWDC 107
R v Speechley [2012] NSWCCA 130
Texts Cited:
Nil

Category: Sentence
Parties: Rex (Crown)
Sonny Gordon Paulson (Offender)
Representation:
Counsel:
K Mulley (Crown)
D Stewart (Offender)
Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Schumer Lawyers (Offender)

File Number(s): 2021/00330948
2023/00350811
Publication restriction: Nil

JUDGMENT

Sonny Paulson appears for sentence after pleading guilty to a series of related offences with respect to domestic violence and related offending towards his former partner. I will detail the specific charges in the course of outlining the facts giving rise to the charges.
The present offences commenced with an interaction between the offender and his partner on Sunday, 31 October 2021. At that time, the offender and his partner, Ms Aleasha Bolt, who was aged 33 at the time, had been in an on-and-off relationship for about 13 years. The offender was approximately 6 years older than Ms Bolt, having been born on 29 July 1981.
The couple had two boys together, the older son aged 12 and his younger brother aged 10 at the time of the offending conduct in 2021.
The tempestuous nature of their relationship is reflected in earlier physical assaults and the making of Apprehended Domestic Violence Orders (or ADVOs) for the protection of Ms Bolt on prior occasions. I will refer separately to the factual circumstances giving rise to the earlier ADVO’s when I refer to the criminal antecedents of the offender.
It suffices…

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 Paulson

Details

AGLC: R v Paulson [2024] NSWDC 332
Case: [2024] NSWDC 332
Decision Date: 01 May 2024

CaseChat Overview and Summary

The case of R v Paulson involved the defendant, Paulson, who was charged with a number of serious offences including stalking, intimidation, and attempting to influence a witness. The matter was heard in the Supreme Court of Victoria. Paulson had a history of domestic violence against the same victim and had attempted to contact her from gaol in an effort to influence her testimony.

The legal issues before the court included whether Paulson's previous convictions were relevant to the sentencing, whether his actions amounted to an attempt to influence a witness, and what weight should be given to the mitigating factors of remorse and rehabilitation. The court also had to consider the Bugmy factors in determining the appropriate sentence.

The court found that Paulson's previous convictions were relevant to the sentencing and that his actions did amount to an attempt to influence a witness. While Paulson had taken some steps towards rehabilitation in gaol, the court found that the risk he posed to the victim and the community outweighed these mitigating factors. The court ultimately sentenced Paulson to an aggregate term of three years and six months, with a non-parole period of two years and three months.

Orders

Orders of the court

Aggregate sentence of 3 years and 6 months with a non-parole period of 2 years and 3 months, at [175] – [183].

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Paulson [2024] NSWDC 332
Hearing dates:	4 April 2024
Date of orders:	1 May 2024
Decision date:	01 May 2024
Jurisdiction:	Criminal
Before:	Sutherland SC DCJ
Decision:	Aggregate sentence of 3 years and 6 months with a non-parole period of 2 years and 3 months, at [175] – [183].
Catchwords:	CRIME — Violent offences — Detain for advantage CRIME — Domestic violence — Stalking or intimidation — history of offences against same victim CRIME — Attempt to influence a witness with intent to procure an acquittal — Calls to victim from gaol SENTENCING — Aggravating factors — Record of previous convictions — Relevance of Bugmy factors SENTENCING — Mitigating factors — Remorse and rehabilitation — Steps taken by offender in gaol however outweighed by risk to victim and community
Legislation Cited:	Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW)
Cases Cited:	Black v R [2008] NSWCCA 337 Bugmy v The Queen [2013] HCA 387 Callaghan v R [2006] NSWCCA 58 Evans v R [2017] NSWCCA 281 R v Beaver (2019) NSWDC 215 R v Burton [2008] NSWCCA 128 R v Fernando (1992) 76 A Crim R 58 R v Glen (Unreported 19 December 1994, BC 9403423) R v Hamid [2006] NSWCCA 302 R v Kilic [2016] HCA 48; 259 CLR 256 R v Millwood [2012] NSWCCA 2 R v Newell [2004] NSWCCA 183 Rv Newman, R v Simpson [2004] NSWCCA 102 R v Rush [2022] NSWDC 107 R v Speechley [2012] NSWCCA 130
Texts Cited:	Nil
Category:	Sentence
Parties:	Rex (Crown) Sonny Gordon Paulson (Offender)
Representation:	Counsel: K Mulley (Crown) D Stewart (Offender) Solicitors: Director of Public Prosecutions (NSW) (Crown) Schumer Lawyers (Offender)
File Number(s):	2021/00330948 2023/00350811
Publication restriction:	Nil