R v Hatzimanolis [2021] NSWDC 787

District Court New South Wales

Medium Neutral Citation: R v Hatzimanolis [2021] NSWDC 787 Hearing dates: 19 November 2021, 16 December 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Criminal Before: Haesler DCJ Decision: Contravene AVO: Sentenced to a term of imprisonment of 9 months. Wounding with intent to murder his father: Sentenced to a term of imprisonment of 9 years. Non-parole period of 5 years 5 months. Catchwords: CRIME – Contravene prohibition/restriction in AVO (Domestic) – wound with intent to murder (DV) SENTENCING - Relevant factors on sentence – guilty plea - defence of mental illness not put forward - long term schizophrenia - attack on his father - causal relationship between his mental illness and his offending – assessment of moral culpability –victim impact - special circumstances need for offender to be kept in and released to a mental health facility Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Mental Health Act 2007 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: Courtney v R [2007] NSWCCA 195; 172 A Crim R 371 DPP v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Elturk v R [2014] NSWCCA 61 Engert v R (1995) 84 A Crim R 67 Markarian v The Queen [2005] HCA 5; (2005) 228 CLR 357 McCullough v R [2009] NSWCA 95 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Tepania v R [2018] NSWCC 247 Veen v R (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Alexander Hatzimanolis (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender)