R v Tisserand
Case
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[2021] NSWDC 543
•31 August 2021
Details
AGLC
Case
Decision Date
R v Tisserand [2021] NSWDC 543
[2021] NSWDC 543
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.
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.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Stalking or Intimidation
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Aggravated & Exemplary Damages
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Sentencing
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Aggregate Sentences
Actions
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Citations
R v Tisserand [2021] NSWDC 543
Most Recent Citation
Acton v The King [2024] NSWCCA 92
Cases Citing This Decision
4
R v Holman (No 2)
[2024] NSWDC 325
Acton v The King
[2024] NSWCCA 92
R v Holman (No 2)
[2024] NSWDC 325
Cases Cited
10
Statutory Material Cited
3
Re Attorney-General's Application (No 1 of 2002) (NSW)
[2002] NSWCCA 518
Bugmy v The Queen
[2013] HCA 37
Callaghan v R
[2006] NSWCCA 58