R v Van Drunen

Case [2019] NSWDC 411


District Court


New South Wales

Medium Neutral Citation: R v Van Drunen [2019] NSWDC 411
Hearing dates: 9 July 2019, 6 August 2019
Date of orders: 06 August 2019
Decision date: 06 August 2019
Jurisdiction:Criminal
Before: Bright DCJ
Decision:

In respect of the offences of reckless wounding and assault occasioning actual bodily harm convicted and sentenced to a total aggregate sentence of 2 years and 9 months to date from 7 July 2019 and expire on 6 April 2022 with a non-parole period of 1 year 7 months to date from 7 July 2019 expire on 6 February 2021.

 In respect of the offence of destroy or damage property convicted and ordered to comply with a Community Corrections Order with the standard conditions for a period of 12 months to commence 6 August 2019 and expire on 5 August 2020.
Catchwords: CRIMINAL – sentence – reckless wounding – assault occasioning actual bodily harm – domestic violence – relevance of mental health issues – special circumstances
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Cherry v R [2017] NSWCCA 150
Majzoub v R [2019] NSWCCA 94
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
Patsan v R [2018] NSWCCA 129
R v Endigarov (2001) 125 A Crim R 551
The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48
Category:Sentence
Parties: Regina (Crown)
Warren Van Drunen (Offender)
Representation: Solicitors:
Mr M Faye (Crown)
Mr D Gibbons of Legal Aid (Offender)
File Number(s): 2018/51549
Publication restriction: Nil

SENTENCE

  1. Warren Van Drunen (38 years) appears for sentence in relation to the following offences:

  1. Reckless wounding (section 35(4), Crimes Act). The maximum prescribed penalty for this offence is 7 years imprisonment. There is a prescribed standard non-parole period of 3 years;

  2. Assault occasioning actual bodily harm (section 59, Crimes Act). The maximum prescribed penalty for this offence is 5 years imprisonment. There is no prescribed standard non-parole period.

  3. Destroy or damage property (section 195 (1) (a), Crimes Act). The maximum prescribed penalty for this offence is 5 years imprisonment. There is no prescribed standard non-parole period.

  1. The offender pleaded guilty on 23 November 2018 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow discount on sentence of 25%.

  2. The offender has spent 4 days in custody in relation to these offences in 2018 and has been bail refused since being arrested for a breach of bail on 11 July 2019. Accordingly, the sentence imposed today will be backdated to 7 July 2019.

Agreed facts

  1. As at the date of offending, the offender Warren Van Drunen (then aged 37 years) and the victim, Carolyn Blackburn (then aged 50 years) had been in a domestic relationship for about 3 years. They were living together at rented premises located at Mooney Mooney. The person on the lease for the rental property is the victim. They have no children.

  2. On Thursday 15 February, 2018 the offender and victim…

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AGLC
R v Van Drunen [2019] NSWDC 411
Case
[2019] NSWDC 411
Decision Date

CaseChat Overview and Summary

The defendant, Van Drunen, was charged with multiple offences including reckless wounding, assault occasioning actual bodily harm, and the destruction of property. The case was heard in a court of criminal jurisdiction in Australia. The dispute centred on the appropriate sentence to be imposed on Van Drunen for the offences committed, with particular attention given to the nature of the offences, the circumstances surrounding them, and the impact of the defendant's mental health issues.

The court was tasked with determining the appropriate sentence for each offence and whether there were any special circumstances that should be considered. This included assessing the relevance of the defendant's mental health issues in the context of the offences and determining whether these constituted special circumstances that warranted a reduced sentence. Additionally, the court had to consider the nature and severity of the offences, the impact on the victims, and the principles of deterrence and rehabilitation.

The court held that while Van Drunen's mental health issues were a factor to be considered, they did not constitute special circumstances warranting a significant reduction in sentence. The court found that the offences were serious and had a significant impact on the victims, particularly given the domestic violence context. After considering all relevant factors, the court imposed a total aggregate sentence of 2 years and 9 months for the offences of reckless wounding and assault occasioning actual bodily harm, with a non-parole period of 1 year 7 months. For the offence of property destruction, the court ordered compliance with a Community Corrections Order for a period of 12 months.

The final orders of the court were that Van Drunen be sentenced to 2 years and 9 months for the offences of reckless wounding and assault occasioning actual bodily harm, with the sentence to commence from 7 July 2019 and expire on 6 April 2022, with a non-parole period of 1 year 7 months to commence from 7 July 2019 and expire on 6 February 2021. Additionally, for the offence of property destruction, Van Drunen was ordered to comply with a Community Corrections Order for a period of 12 months, commencing on 6 August 2019 and expiring on 5 August 2020.

Orders

Orders of the court

In respect of the offences of reckless wounding and assault occasioning actual bodily harm convicted and sentenced to a total aggregate sentence of 2 years and 9 months to date from 7 July 2019 and expire on 6 April 2022 with a non-parole period of 1 year 7 months to date from 7 July 2019 expire on 6 February 2021.

In respect of the offence of destroy or damage property convicted and ordered to comply with a Community Corrections Order with the standard conditions for a period of 12 months to commence 6 August 2019 and expire on 5 August 2020.

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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