R v Saunders

[2021] NSWDC 530

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Saunders [2021] NSWDC 530

Hearing dates:

26 March 2021, 7 May 2021

Date of orders:

12 May 2021

Decision date:

12 May 2021

Jurisdiction:

Criminal

Before:

Bright DCJ

Decision:

Aggregate sentence of 3 years imprisonment with a non-parole period of 1 year and 6 months

Catchwords:

SENTENCING — Mitigating factors — Remorse — Unlikely to re-offend

SENTENCING — Relevant factors on sentence — Domestic violence — Deterrence — General deterrence — Specific deterrence

SENTENCING — Subjective considerations on sentence — Hardship — Health issues — Special circumstances

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act1999 No 1 of 2002 (2002) 56 NSWLR 146

CahyadivR (2007) 168 A Crim R 41; NSWCCA 1

LeevR (2019) NSWCCA 15

R vEdigarov (2001) 125 A Crim R 551

RvEdwards (1996) 90 A Crim R 510

RvKilic (2016) 259 CLR 256

Category:

Sentence

Parties:

Regina (Crown)
David Saunders (Offender)

Representation:

Counsel:
Ms A Cook (Offender)

Solicitors:
Ms M Wallis (ODPP)
Mr S Singh-Panwar (Offencer)

File Number(s):

2017/339313

Publication restriction:

Nil

Judgment

1. David Saunders, 52 years of age, appears for sentence in relation to the following four offences:

• Count 1 - Intentionally choke and render unconscious and being reckless as to rendering unconscious (the victim being Sarah Foote), an offence pursuant to s 37(1), Crimes Act 1900 (NSW). The maximum prescribed penalty for this offence is 10 years imprisonment. There is no prescribed standard non‑parole period.

• Count 4 - Assault occasioning actual bodily harm (the victim being Sarah Foote), an offence pursuant to s 59(1), Crimes Act. The maximum prescribed penalty for that offence is 5 years imprisonment. There is no prescribed standard non‑parole period. 

• Counts 3 and 5 - Each offences of intimidation with intent to cause fear of physical or mental harm (the victims being Sarah Foote and Peter Fernance), an offence pursuant to s 13(1), Crimes (Domestic and Personal Violence) Act 2007 (NSW). The maximum prescribed penalty for that offence is 5 years imprisonment. There is no prescribed standard non‑parole period.

2. When dealing with the offender for Count 1, the Court is taking into account on a Form 1, two further offences as follows:

1. Intentionally choke, render unconscious and be reckless as to rendering unconscious (the victim being Sarah Foote), an offence pursuant to s 37(1), Crimes Act; and

2. Intimidate with intent to cause fear of physical or mental harm (the victim being Peter Fernance), an offence pursuant to s 13(1), Crimes (Domestic and Personal Violence) Act.

3. The victim Ms Foote is the offender's former partner. Their relationship had broken down in early 2017. All the offences involve either Ms Foote or her new partner Mr Peter Fernance. 

4. The offender pleaded guilty on 1 February 2021 which was the first day of…