R v Woods [2021] NSWDC 264

District Court New South Wales

Medium Neutral Citation: R v Woods [2021] NSWDC 264 Hearing dates: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentence appeal – Appeal dismissed. I confirm all orders of the magistrate. See [63] Commonwealth offences – For orders see [64]-[68] New South Wales offences - Aggregate sentence of 3 years 6 months with a non-parole period of 1 year 9 months. See [69]-[70] Catchwords: CRIME - Assault occasioning actual bodily harm (DV) - Common assault (DV) - Stalk/intimidate intend fear physical harm (domestic) - Do act intending to pervert the course of justice - Use carriage service to threaten serious harm - Use carriage service to menace/harass/offend SENTENCING - Relevant factors on sentence – domestic violence offences- two complainants – his sequential partners- attempt to interfere with administration of justice - history of childhood deprivation- violence normalised- institutionalised- serving sentence- disrupted period of imprisonment to date- early guilty pleas- structure of sentences- accumulation and concurrency with existing sentences SENTENCING — Federal offenders — Sentence by State court for offence against Commonwealth law-interaction with state sentences MEDIA AND COMMUNICATIONS — Telecommunications services — Offences — Use of carriage service to harass APPEAL - appeal to District Court – sentence – sentences entirely appropriate – appeals dismissed Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Crimes (Domestic and Personal Violence Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Xiao v R [2018] NSWCCA; (2018) 96 NSWLR 1 Texts Cited: Does Imprisonment Deter? A Review of the Evidence, Victorian Sentencing Advisory Council, April 2011 Criminal Code Act 1995 (Cth) Category: Sentence Parties: Steven James Woods (the offender) Director of Public Prosecutions Representation: Counsel: Mr R Steward (for the offender)