Barber v DPP (No 2) [2021] NSWDC 8

District Court New South Wales

Medium Neutral Citation: Barber v DPP (No 2) [2021] NSWDC 8 Hearing dates: 03 February 2021 Date of orders: 03 February 2021 Decision date: 03 February 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 35 Catchwords: CRIMINAL LAW – severity appeal – domestic violence offence – whether appellant's subjective apprehension of violence relevant – comparison of relevance of objective threat to appellant Legislation Cited: Crimes Act 1900 (NSW), s 91 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 9, 21A Cases Cited: Munda v Western Australia (2013) 249 CLR 600 Category: Principal judgment Parties: Mr A Barber (Appellant) The Director of Public Prosecutions (Respondent) Representation: Counsel: Mr Matthew McAuliffe for the Appellant Solicitor Advocate for the Direct of Public Prosecutions

Solicitors: File Number(s): 2019/60843; 2019/60824 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Citation: Unreported Date of Decision: 21 February 2020 Before: Magistrate L McManus File Number(s): 2019/60843; 2019/60824

Judgment 1. Earlier today, I dismissed the appellant's appeal against conviction of committing the offence of common assault, being contrary to s 61 of the Crimes Act 1900 (NSW). The offence was committed by the appellant against his then partner (who I will henceforth refer to as the victim), at the family home in Campsie, on 24 February 2019. 2. In the Burwood Local Court, Magistrate McManus sentenced the appellant to a community corrections order, subject to the standard conditions, for a period of 9 months. In light of his unsuccessful appeal against the conviction, the appellant now seeks to appeal the severity of that sentence. 3. In Counsel for the appellant's short submissions, he contended that this Court should make a conditional release order under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) ('CSP Act').