R v Williams

[2021] NSWDC 133

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

Crimes (Personal and Domestic Violence) Act 2007

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v Hamid (2006) 164 ACR 179

R v Edigarov (2001) 125 A Crim R 551

In Patsan v R [2018] NSWCCA 129

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

1. 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.

2. 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

3. The offender entered pleas of guilty at the first available opportunity and the Crown concedes that the discount should be 25%.

STATUTORY AGGRAVATING FACTORS

4. 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).

5. 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.