R v Eslick [2022] NSWDC 422

District Court New South Wales

Medium Neutral Citation: R v Eslick [2022] NSWDC 422 Hearing dates: 21 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 44 – 45 Catchwords: CRIMINAL LAW – severity appeal from Local Court – domestic violence offences Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) ss 11, 14(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A, 4A, 4B, 21A Category: Principal judgment Parties: Mr C Eslick (appellant) ODPP Representation: Solicitors: Dib & Associates for the appellant ODPP File Number(s): 2022/00185893 2022/00176793 2022/00183366 Publication restriction: Nil Decision under appeal Court or tribunal: Wyong Local Court Jurisdiction: Local Court of NSW Date of Decision: 4 July 2022 Before: Magistrate E Ellis File Number(s): 2022/00185893 2022/00176793 2022/00183366

EX TEMPORE REASONS FOR JUDGMENT 1. On 4 July 2022 the appellant received an aggregate sentence in the Wyong Local Court of 12 months' imprisonment, with a non-parole period of 8 months (reflecting a finding of special circumstances), arising from 3 offences. He now appeals against the severity of that sentence. 2. For two offences, the appellant had been the subject of community corrections orders, but because of his non-compliance with them, these were revoked on 4 July 2022. Indicative sentences were given in relation to those two offences. Details of the indicative sentences for these two offences are as follows: Sequence/Section Offence Maximum Penalty Initial Sentence Received Indicative sentence after revocation of CCO H 89787974/1 Contravene prohibition or restriction in an apprehended domestic violence order Imprisonment for 2 years or 50 penalty units ($5,500), or both Community Corrections Order (imposed on 24 June 2022) for 12 months 4 months s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (revoked) H89362234/1 Contravene prohibition or restriction in an apprehended domestic violence order Imprisonment for 2 years or 50 penalty units ($5,500), or both Community Corrections Order (imposed on 24 June 2022) for 12 months 6 months s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (revoked)