R v Fraser [2022] NSWDC 36

District Court New South Wales

Medium Neutral Citation: R v Fraser [2022] NSWDC 36 Hearing dates: 23 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 129-130 Catchwords: Sentencing - severity appeal - domestic violence offences - contravention of apprehended violence orders - offence against justice - intention to influence witness - driving offences - extensive prior criminal history - credibility and reliability of appellant's evidence explaining offending conduct, given on affidavit Legislation Cited: Crimes Act 1900 (NSW) s 323 Crimes (domestic and personal violence) Act 2007 (NSW) s 14 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 23 Road Transport Act 2013 ss 54, 117 Cases Cited: Browning v R [2015] NSWCCA 147 Lai v R [2021] NSWCCA 217 R v Burton [2008] NSWCCA 128 R v Edwards (1996) 90 A Crim R 510 R v Prospero [2022] NSWDC 26 Van Eeden v R [2012] NSWCCA 18 Texts Cited: Nil Category: Sentence Parties: Office of Director of Public Prosecutions Mr I Fraser (Appellant) Representation: Solicitors: ODPP Circle Bridge Legal for the appellant File Number(s): 2019/00076291 Publication restriction: Nil

Judgment

INTRODUCTION 1. On 15 December 2021, Ian Fraser, the appellant, received an aggregate sentence from the Gosford Local Court of 18 months' imprisonment and non-parole period of 12 months following his convictions for multiple offences stretching over a period from 17 September 2019 to 15 September 2021. The sentence was backdated to commence to 16 September 2021 to allow for the time the appellant had spent in custody. 2. The offences, the indicative sentences and the maximum penalties for the offences are as follows: Sequence / Section Offence Date and Place of Offence Indicative Sentence Minimum/Maximum Penalty On indictment: H7215005/5 Acting with intent to influence witness 17 September 2019 at Umina Beach 12 months 7 years imprisonment S 323(a) Crimes Act 1900 (to wit, send text messages intending to persuade Jacqueline Wilson) Summary: 2 years imprisonment/100 penalty units H312802295/1 Contravene prohibition of restriction in an apprehended domestic violence order 29 December 2019 at Umina Beach 4 months Summary only: S 14(1) Crimes (domestic and personal violence) Act 2007 (PINOP: Jacqueline Wilson) Arrested on 29 December 2019 2 years imprisonment/50 penalty units H78757842/1 Contravene prohibition of restriction in an apprehended domestic violence order 6 February 2021 at Umina Beach 4 months Summary only: S 14(1) Crimes (domestic and personal violence) Act 2007 (PINOP: Jacqueline Wilson) Arrested on 6 February 2021 2 years imprisonment/50 penalty units Summary only: H82801724/1 Drive motor vehicle during disqualification period – prior offence 11 September 2021 at Woy Woy 5 months 12 months imprisonment/50 penalty units S 54(1)(a) Road Transport Act 2013 Disqualified for 12 months Minimum disqualification: 6 months Automatic Disqualification: 12 months Summary only: H326099496/1 Drive motor vehicle during disqualification period – prior offence On 15 September 2021 at Umina Beach 6 months 12 months imprisonment/50 penalty units S 54(1)(a) Road Transport Act 2013 Disqualified for 12 months Minimum disqualification: 6 months Automatic Disqualification: 12 months Summary only: H326099496/2 Drive motor vehicle during disqualification period – prior offence On 15 September 2021 at Umina Beach 8 months 12 months imprisonment/50 penalty units S 54(1)(a) Road Transport Act 2013 Disqualified for 12 months Minimum disqualification: 6 months Automatic Disqualification: 12 months Summary only: H326099496/3 Drive recklessly, furiously or at speed or manner dangerous – 1st offence On 15 September 2021 at Umina Beach 6 months 9 months imprisonment or 20 penalty units S 117(2) Road Transport Act 2013 Disqualified for 3 years Minimum disqualification: 12 months Automatic disqualification:3 years