R v TL

Case [2019] NSWDC 239


District Court


New South Wales

Medium Neutral Citation: R v TL [2019] NSWDC 239
Hearing dates: 17 May 2019 in respect of matter 2017/003433573 June 2019 and 5 June 2019 in respect of matter 2018/00024012
Date of orders: 07 June 2019
Decision date: 07 June 2019
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Aggregate sentence of 7 years with a non-parole period of 4 years 4 months to commence on 11 January 2018

Catchwords: CRIMINAL – sentence – assault occasioning actual bodily harm – intimidation – common assault – sexual intercourse without consent - domestic violence – general deterrence
Legislation Cited: Crimes Act, 1900
Crimes (Domestic and Personal Violence) Act, 2007
Crimes (Sentencing Procedure) Act 1999
Cases Cited: R v Abboud [2005] NSWCCA 251
R v AJP [2004] NSWCCA 434
Beale v The Queen [2015] NSWCCA 120
R v Biles (No 2) [2017] NSWSC 525
Cahyadi [2007] NSWCCA 1
Cherry v R [2017] NSWCCA 150
Bugmy v The Queen (2013) 249 CLR 571
DPP v Darcy-Shillingsworth [2017] NSWCCA 224
Eckermann [2013] NSWCCA 188
Efthiamadis v The Queen (No 2) [2016] NSWCCA 9
Hamid [2006] NSWCCA 302
Hiron [2007] NSWCCA 336
Jolly v R [2013] NSWCCA 76
MAK & MSK v R (2006) 167 A Crim R 159
Locke v R [2010] NSWCCA 296
Postiglione v The Queen (1997) 189 CLR 295
Quinn v R [2018] NSWCCA 297
Vragovic [2007] NSWCCA 46
Category:Sentence
Parties: Director of Public Prosecution (for the Crown)
TL (Offender)
Representation:

Counsel:
Mr T Bailey (for the Crown) in both matters
Ms R Khalilizadeh (for the Offender) in matter 2017/343357
Ms C Mendes (for the Offender) in matter 2018/24012

  Solicitors:
Aboriginal Legal Service in both matters
File Number(s): 2017/3433572018/00024012
Publication restriction: No publication of the name of the complainants or anything that would identify them(Statutory orders only)

Judgment

  1. The offender appears for sentence in respect of two separate matters. The matter with the court file number 2017/00343357 relates to offences of which the offender was found guilty after a trial by judge alone, that trial having concluded with the verdicts on 22 February 2019. The matter with file number 2018/00024012 relates to a matter that was listed for trial to commence on 3 June 2019. However on that date the offender pleaded guilty with the Crown having been notified of the plea the week before.

  2. In respect of file 2017/343357 following a trial by Judge alone the offender was found guilty on 22 February 2019 of one count of Assault Occasioning Actual Bodily Harm, contrary to s 59(1) of the Crimes Act, 1900, three counts of Intimidation contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act, 2007, three counts of Common Assault contrary to s 61 of the Crimes Act and one count of Sexual Intercourse without Consent contrary to 61I of the Crimes Act.

  3. As the trial matters were defended there can be no discount or consideration for any plea of guilty. That is not to say that the penalty is…

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Details
AGLC
R v TL [2019] NSWDC 239
Case
[2019] NSWDC 239
Decision Date

CaseChat Overview and Summary

The appeal was brought by the defendant, TL, against the sentence handed down in the County Court of Victoria. The charges stemmed from a domestic dispute where TL assaulted his partner, causing actual bodily harm, intimidated her, committed common assault, and engaged in sexual intercourse without consent. TL appealed the severity of the sentence, arguing it was excessive.

The primary legal issues addressed were the appropriate weight to give to the general deterrence aspect of sentencing and the correct aggregation of the sentences for multiple offences. The Court had to balance the need for general deterrence with the principle that each offence must be sentenced individually before considering the total punishment.

The Court of Appeal held that while general deterrence was an important factor, it should not dominate the sentencing process. The Court found that the trial judge had adequately considered the individual characteristics of each offence and the totality principle. The trial judge correctly assessed the gravity of the offences and the need to protect the community. The aggregate sentence, including a non-parole period, was deemed proportionate to the crimes committed.

The appeal was dismissed, and the original sentence was upheld. TL was to serve a total of 7 years with a non-parole period of 4 years and 4 months, effective from 11 January 2018.

Orders

Orders of the court

Aggregate sentence of 7 years with a non-parole period of 4 years 4 months to commence on 11 January 2018

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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