R v Steele (No 2)
Case
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[2023] NSWDC 99
•03 February 2023
Details
AGLC
Case
Decision Date
R v Steele (No 2) [2023] NSWDC 99
[2023] NSWDC 99
03 February 2023
CaseChat Overview and Summary
The defendant, Steele, faced the court in R v Steele (No 2) following a series of domestic-related offences, including stalking, aggravated break and enter, and breaching an apprehended violence order (AVO). The case was heard in the higher court following a trial. The primary issues before the court were the appropriate sentencing for these serious offences, considering the domestic violence context, and the impact on the victim. Additionally, the court had to consider the need to ensure deterrence and denunciation in sentencing.
The court addressed the gravity of the offences, emphasising the repetitive and escalating nature of the defendant's actions towards the victim. It noted that the offences occurred despite the existence of an AVO, highlighting a disregard for legal constraints designed to protect the victim. The court also considered the significant impact on the victim, who suffered considerable emotional and psychological harm. In determining the sentence, the court balanced the need for punishment, deterrence, and rehabilitation, while also taking into account the defendant's background and circumstances.
After weighing all relevant factors, the court concluded that an aggregate sentence of three years and nine months was appropriate, with a non-parole period of two years and five months. This sentence aimed to provide sufficient punishment and deterrence while also considering the need to protect the community and provide the victim with a sense of justice and closure. The court's decision reflected a comprehensive assessment of the offences, the defendant's culpability, and the broader implications for domestic violence prevention and victim support.
The court addressed the gravity of the offences, emphasising the repetitive and escalating nature of the defendant's actions towards the victim. It noted that the offences occurred despite the existence of an AVO, highlighting a disregard for legal constraints designed to protect the victim. The court also considered the significant impact on the victim, who suffered considerable emotional and psychological harm. In determining the sentence, the court balanced the need for punishment, deterrence, and rehabilitation, while also taking into account the defendant's background and circumstances.
After weighing all relevant factors, the court concluded that an aggregate sentence of three years and nine months was appropriate, with a non-parole period of two years and five months. This sentence aimed to provide sufficient punishment and deterrence while also considering the need to protect the community and provide the victim with a sense of justice and closure. The court's decision reflected a comprehensive assessment of the offences, the defendant's culpability, and the broader implications for domestic violence prevention and victim support.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Aggravated Break and enter & commit serious indictable offence
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Sentencing
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Contravene prohibition/restriction in AVO (Domestic)
Actions
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Citations
R v Steele (No 2) [2023] NSWDC 99
Cases Citing This Decision
0
Cases Cited
19
Statutory Material Cited
5
Browning v R
[2015] NSWCCA 147
Cahyadi v R
[2007] NSWCCA 1
R v Campbell
[2014] NSWCCA 102