R v Validakis [2020] NSWDC 915

District Court New South Wales

Medium Neutral Citation: R v Validakis [2020] NSWDC 915 Hearing dates: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentence Appeal – The sentence appeal is dismissed. All orders of the magistrate are confirmed. See [21] Sentence - Aggregate sentence of 4 years with a non-parole period of 2 years. See [59]-[63] Catchwords: CRIME- Aggravated break enter knowing person present - assault SENTENCE- Relevant factors on sentence e- multiple domestic violence offences - offences committed while subject to a suspended sentence and Community Corrections orders - offences in breach of domestic violence orders - accumulation and concurrence – totality principle - progress in custody- community protection – need for supervision in community on parole APPEALS – to District Court from Local Court- sentence severity appeal - damage property by explosive device – stalk and intimidate domestic violence related Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Domestic and Personal Violence Act 2007 Criminal Procedure Act 1986 Cases Cited: Attorney General's Application (No 1 of 2002) (NSW) [2002] NSWCCA 581 Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 R v Clinch (1994) 72 CLR 301 R v Grube [2005] NSWCCA 140 R v MAK; R v MSK [2006] NSWCCA 318 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 Veen (No 2) v The Queen (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Thomas Validakis (the offender) Director of Public Prosecutions Representation: Counsel: Mr R Steward (for the offender)