R v Validakis - [2020] NSWDC 915

District Court

New South Wales

Medium Neutral Citation: R v Validakis [2020] NSWDC 915
Hearing dates: 11 December 2020
Decision date: 11 December 2020
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Sentence Appeal – The sentence appeal is dismissed.
All orders of the magistrate are confirmed. See [21]
Sentence - Aggregate sentence of 4 years with a non-parole period of 2 years. See [59]-[63]

Catchwords:
CRIME- Aggravated break enter knowing person present - assault
SENTENCE- Relevant factors on sentence e- multiple domestic violence offences - offences committed while subject to a suspended sentence and Community Corrections orders - offences in breach of domestic violence orders - accumulation and concurrence – totality principle - progress in custody- community protection – need for supervision in community on parole
APPEALS – to District Court from Local Court- sentence severity appeal - damage property by explosive device – stalk and intimidate domestic violence related

Legislation Cited:
Crimes Act 1900
Crimes (Administration of Sentences) Act 1999
Crimes (Domestic and Personal Violence Act 2007
Criminal Procedure Act 1986

Cases Cited:
Attorney General’s Application (No 1 of 2002) (NSW) [2002] NSWCCA 581
Markarian v The Queen [2005] HCA 25
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70
Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57
R v Clinch (1994) 72 CLR 301
R v Grube [2005] NSWCCA 140
R v MAK; R v MSK [2006] NSWCCA 318
The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48
Veen (No 2) v The Queen (1988) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: Thomas Validakis (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr R Steward (for the offender)
Solicitors:
M Russionello (for the offender)
Ms J Azad (for the Director of Public Prosecutions)

File Number(s): 2019/00113366; 2020/00017166

sentence – ex tempore revised

Introduction

Thomas Validakis was born in April 1989. In 2014 he was before the Local Court for matters involving breach of domestic violence orders and offences of use of a carriage service to harass or intimidate. In February 2018 I sentenced him to a term of imprisonment of one year and three months for supplying drugs. I suspended the execution of that sentence on him giving certain undertakings; one of which was to be of good behaviour and not commit further offences.
In August 2018 he entered a relationship with a young woman. Soon afterwards he started a relationship with another young woman. After his breakup with the first young woman he engaged in a series of acts toward her, which have been properly described by the Crown Prosecutor in these matters as showing a criminal obsession with her and their breakup. Those acts culminated in Validakis setting off an explosive device at her apartment block in North Wollongong on 5 November 2018.
He was subsequently charged intentionally or recklessly damaging property by explosion, a domestic violence-related offence: s 195(1)(b) Crimes Act 1900. And intimidating her with intent to cause her…

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 Validakis

Details

AGLC: R v Validakis [2020] NSWDC 915
Case: [2020] NSWDC 915
Decision Date: 11 December 2020

CaseChat Overview and Summary

The case of R v Validakis involved the defendant, Validakis, who was charged with multiple serious offences including aggravated break and enter knowing a person was present, assault, and property damage by an explosive device. The matter was heard in the District Court of Australia, with an appeal from the Local Court on the severity of the sentence. Validakis had a history of domestic violence offences and had committed the current offences while subject to a suspended sentence, community corrections orders, and domestic violence orders. The legal issues before the court were the appropriate sentence for the offences, taking into account the totality principle, the need for community protection, and the progress made by the defendant in custody.

The court considered the totality principle, which involves the cumulative effect of multiple sentences. It was noted that Validakis had a significant history of domestic violence offences and had breached multiple legal orders. The court also considered the need for community protection and the progress made by the defendant in custody. While acknowledging the defendant's progress, the court determined that the gravity of the offences warranted a substantial sentence. The court also considered the need for ongoing supervision in the community if the defendant were to be released on parole.

The court dismissed the appeal regarding the severity of the sentence and confirmed all orders of the magistrate. The court imposed an aggregate sentence of four years with a non-parole period of two years. The court emphasised the importance of community protection and the need for supervision due to the defendant's history of domestic violence offences. The court found that the sentence reflected the seriousness of the offences and the need to protect the community while also considering the defendant's progress in custody.

Orders

Orders of the court

Sentence Appeal – The sentence appeal is dismissed.

All orders of the magistrate are confirmed. See [21]

Sentence - Aggregate sentence of 4 years with a non-parole period of 2 years. See [59]-[63]

Background

Background to the litigation

Full text does not contain this section.

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 Validakis [2020] NSWDC 915
Hearing dates:	11 December 2020
Decision date:	11 December 2020
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Sentence Appeal – The sentence appeal is dismissed. All orders of the magistrate are confirmed. See [21] Sentence - Aggregate sentence of 4 years with a non-parole period of 2 years. See [59]-[63]
Catchwords:	CRIME- Aggravated break enter knowing person present - assault SENTENCE- Relevant factors on sentence e- multiple domestic violence offences - offences committed while subject to a suspended sentence and Community Corrections orders - offences in breach of domestic violence orders - accumulation and concurrence – totality principle - progress in custody- community protection – need for supervision in community on parole APPEALS – to District Court from Local Court- sentence severity appeal - damage property by explosive device – stalk and intimidate domestic violence related
Legislation Cited:	Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Domestic and Personal Violence Act 2007 Criminal Procedure Act 1986
Cases Cited:	Attorney General’s Application (No 1 of 2002) (NSW) [2002] NSWCCA 581 Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 R v Clinch (1994) 72 CLR 301 R v Grube [2005] NSWCCA 140 R v MAK; R v MSK [2006] NSWCCA 318 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 Veen (No 2) v The Queen (1988) 164 CLR 465; [1988] HCA 14
Category:	Sentence
Parties:	Thomas Validakis (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr R Steward (for the offender) Solicitors: M Russionello (for the offender) Ms J Azad (for the Director of Public Prosecutions)
File Number(s):	2019/00113366; 2020/00017166