R v O’Donnell [2021] NSWDC 749

District Court New South Wales

Medium Neutral Citation: R v O'Donnell [2021] NSWDC 749 Hearing dates: 18 October 2021 Date of orders: 18 October 2021 Decision date: 18 October 2021 Jurisdiction: Criminal Before: M L Williams SC Decision: An aggregate term of imprisonment of three years and four months with a non-parole period of 22 months: at [62]. Catchwords: SENTENCING — Mitigating factors — Injury, harm, loss or damage not substantial — Good character — No record of previous convictions — Plea of guilty — Unlikely to re-offend SENTENCING — Non-parole period — Standard non-parole period SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Factual basis for sentence — Form 1 offences — Moral culpability — Multiple offences — Aggregate sentence — Objective seriousness — Purposes of sentencing — Sentencing statistics SENTENCING — Subjective considerations on sentence — Age of offender — Mental illness — Protective custody — Special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 R v Thomas [2007] NSWCCA 269 R v McClymont (unreported, NSWCCA, 17 December 1992) Franklin v The Queen [2013] NSWCCA 122 R v RD [2014] NSWCCA 103 Category: Sentence Parties: Regina (Office of the Director of Public Prosecutions)