District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Salom [2021] NSWDC 386 Hearing dates: 23 April 2021 Date of orders: 30 April 2021 and 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate term of 2 years and 10 months imprisonment to be served by way of Intensive Correction Order
Catchwords: CRIME — Domestic violence — “Personal violence offence”
CRIME — Violent offences — Recklessly cause grievous bodily harm
SENTENCING — Subjective considerations on sentence — Mental illness
Legislation Cited: Crimes Act1900 (NSW), s 35(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 3A, 66, 4B
Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194
Category: Sentence Parties: Director of Public Prosecutions (Crown)
Miles Salom (Offender)Representation: Counsel:
Ms Trajovski (Crown)
Mr G James QC with Mr E James (Offender)
File Number(s): 2020/67936 Publication restriction: Nil
SENTENCE
30 April 2021
Introduction
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The offender stands to be sentenced, having pleading guilty to two offences under s 35(2) of the Crimes Act1900 (NSW) of recklessly causing grievous bodily harm. The first offence occurred on 24 September 2015, the victim being Amanda Holmes and is contained in charge sequence 11. The second offence occurred on 25 April 2017, the victim being the same victim as in the first offence and is contained in charge sequence 14. The maximum penalty for each offence is ten years imprisonment and there is an applicable standard non-parole period of four years.
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The offender also acknowledges his guilt and asks that I take into account two offences on two Form 1s. The offence on the Form 1 which relates to charge sequence 11 is an offence of assault occasioning actual bodily harm. It occurred on 30 July 2016 and concerns the same victim of the principal offence. On 30 July 2016, the offender pushed the victim who fell backwards and suffered a broken wrist. This offence is of sufficient seriousness to have some impact upon the sentence to be imposed on the charge that it relates to.
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The offence on the Form 1 which relates to charge sequence 14 is also an offence of assault occasioning actual bodily harm on the same victim. In short, that offence involved the offender on an occasion on 15 October 2018, grabbing the victim on her neck and pushing her backwards, occasioning a bruise to her left neckline. This Form 1 offence has a limited impact upon the sentence to be imposed on the charge to which it relates.
The Facts
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The facts are agreed and the following is taken from the agreed facts. The offender and the victim met in about December 2014 through an internet dating website. They first met in Cronulla at a bar, and saw each other regularly after that. They commenced dating and they were in an on again, off…
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- AGLC
- R v Salom [2021] NSWDC 386
- Case
- [2021] NSWDC 386
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing for violent offences, focusing particularly on the impact of the defendant's mental illness on his culpability and the potential for rehabilitation. The prosecution argued for a substantial custodial sentence to reflect the severity of the offences and to provide deterrence, while the defence urged the court to consider an alternative sentence that would allow for treatment and rehabilitation. The court acknowledged the defendant's mental health issues and their impact on his actions, but also recognised the need to protect the community and uphold the law.
After thorough consideration of the evidence and submissions, the court determined that an aggregate sentence of two years and ten months imprisonment was appropriate. However, the court decided that this term should be served by way of an Intensive Correction Order, which would allow for rehabilitation and treatment while still imposing a significant penalty. The court concluded that this approach balanced the need for punishment, deterrence, and the opportunity for the defendant to address his mental health issues and reintegrate into society. The court's decision reflected a careful weighing of the various factors and the principles of sentencing in cases involving violent offences and mental illness.
Orders
Orders of the court
Sentenced to an aggregate term of 2 years and 10 months imprisonment to be served by way of Intensive Correction Order
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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