District Court
New South Wales
Medium Neutral Citation: R v Williams [2021] NSWDC 133 Hearing dates: 31 March 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Criminal Before: Grant DCJ Decision: See paragraph 23
Catchwords: Criminal law – domestic violence – blight on civil society – no man should strike a woman – abuse of relationship – obligation of the state to vindicate the dignity of the victim – community disapproval – protection of the vulnerable against violence – denunciation of domestic violence – repeat domestic violence offender – protection of the individual and the community.
Legislation Cited: Crimes Act1900
Cases Cited: R v Hamid (2006) 164 ACR 179
R v Edigarov (2001) 125 A Crim R 551
Category: Sentence Parties: Regina (Crown)
Kenneth Ray Williams (Offender)Representation: Counsel:
Mr Cassels (Offender)
Solicitors:
Ms Dawson (DPP)
Ms Howell (Legal Aid)
File Number(s): 2020/00065195
Ex tempore Judgment
INTRODUCTION
-
HIS HONOUR: Kenneth Ray Williams is to be sentenced for two offences, namely aggravated break and enter and commit serious indictable offence (assault occasioning actual bodily harm) contrary to s 112(2) of the Crimes Act1900. The maximum penalty is 20 years imprisonment. There is a standard non‑parole period of five years. The second charge is reckless wounding contrary to s 35(4) of the Crimes Act. The maximum penalty is seven years. It has a standard non‑parole period of three years. The maximum penalties and standard non‑parole periods are an important guide in the assessment of sentence.
-
There is a s 166 matter, contravene prohibition or restriction in an Apprehended Domestic Violence Order contrary to s 14(1) of the Crimes (Personal and Domestic Violence) Act 2007. Pursuant to s 168(3) of the Criminal Procedure Act the Court is to proceed to sentence on related offences as if the offender was being dealt with in the Local Court. The Court is subject to the restrictions on sentence imposed in that Court. The maximum penalties are imprisonment for two years and/or a fine of $5,500.
DISCOUNT FOR PLEA
-
The offender entered pleas of guilty at the first available opportunity and the Crown concedes that the discount should be 25%.
STATUTORY AGGRAVATING FACTORS
-
Sequence 1: The offence involved the threat and use of violence. Immediately prior to forcing opening the door he said, "Open the fucking door or I'll smash the window", it is a statutory aggravating factor pursuant to s 21A(2)(b).
-
Sequence 5: The offence involved the use of a weapon. The offender hit her with a torch. The offence was committed in the home of the victim. This is a statutory aggravating factor pursuant to s 21A(2)(b). The offence involved the use of a weapon, it a statutory aggravating factor pursuant to s 21A(2)(c). The victim was staying at the Fountain Court Motor Inn after she sought assistance to obtain emergency housing. It was her home.
Continue reading R v Williams
Sign in free to access the full text
- AGLC
- R v Williams [2021] NSWDC 133
- Case
- [2021] NSWDC 133
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide included the severity of the offences, the appropriate punishment, and the need for the sentence to reflect community values and deterrence. The court had to balance the principles of retribution and rehabilitation, taking into account the repeated nature of the offences and the impact on the victim. The prosecution submitted that the defendant's actions constituted a serious breach of the peace and a violation of the victim's dignity, warranting a significant custodial sentence. The defence argued that the defendant, while acknowledging his wrongdoing, had shown remorse and had the potential to reform, thus deserving a more lenient sentence.
In delivering the judgment, the court acknowledged the gravity of domestic violence and its detrimental effects on individuals and society. It held that the defendant's actions were a clear abuse of the relationship and a blight on civil society. The court emphasised that no man should strike a woman and that the state has an obligation to vindicate the dignity of the victim. The judge noted the community's strong disapproval of domestic violence and the need to protect vulnerable individuals against such violence. The court also stressed the importance of denunciation to prevent future occurrences. After considering the submissions from both parties, the court sentenced the defendant to a term of imprisonment, reflecting the seriousness of the offences and the need for community protection. The court's decision underscored the importance of addressing domestic violence with appropriate legal consequences.
Orders
Orders of the court
See paragraph 23
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.