R v Corak-Phan [2021] NSWDC 3

District Court New South Wales

Medium Neutral Citation: R v Corak-Phan [2021] NSWDC 3 Hearing dates: 17 December 2020 Decision date: 28 January 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial order. For orders see [57] Catchwords: Domestic violence offences; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Bugmy v R [2013] 249 CLR 571; [2013] HCA 37 R v Price [2016] NSWCCA 50 Category: Sentence Parties: Director of Public Prosecutions (Crown) Raimondo Corak-Phan (Offender) Representation: Counsel: P Johnson (Offender)

Solicitors: A Trajkovski (Crown) File Number(s): 19/386904 20/131802 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following matters to which he has entered pleas of guilty: 1. H73919939/1 – Common assault (Claire Dawson), an offence pursuant to s 61 of the Crimes Act 1900. 2. H73290820/1 – Common assault (Antoinetta Corak-Phan), an offence pursuant to s 61 of the Crimes Act 1900. 1. The maximum penalty proscribed in respect of each offence is 2 years imprisonment. There is no Standard Non-Parole Period. 2. There is a related offence subject to a certificate pursuant to s 166 of the Criminal Procedure Act 1986 ("CPA"), namely: (3) H73919939/2 – knowingly contravene a prohibition or restriction in an Apprehended Domestic Violence Order (Claire Dawson), an offence pursuant to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007. 1. The relevant maximum penalty in respect of that offence is the Local Court maximum of 2 years imprisonment and/or a fine of 50 penalty units.