NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Dane [2020] NSWDC 851 Hearing dates: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence - three years three months - non parole period one year ten months. Catchwords: CRIME – Assault occasioning actual bodily harm - aggravated enter dwelling knowing people there - Armed with intent to commit indictable offence – multiple victims SENTENCING — Relevant factors on sentence — multiple victims - domestic violence offences against former partners - utilitarian value of guilty pleas - former law enforcement officer going into custody - mental state at the time of the commission of the offence - treatment will be disrupted by custody Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Jones (1985) 20 A Crim R 142 Munda v Western Australia [2013] HCA 38 R v Burton [2008] NSWCCA 128 R v Edwards (1996) 90 A Crim R 510 The Queen v Kilic [2016] HCA 48; (2016) 259 CLR 256 (2016) 91 ALJR 131 Category: Sentence Parties: Peter John Dane (the offender) Director of Public Prosecutions Representation: Counsel: Mr Higgins (for the offender)
Solicitors: Lenz Legal (for the offender) Ms K McCosker (for Director of Public Prosecutions) File Number(s): 2019/00384709; 2019/00385111
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