R v McDonald [2022] NSWDC 620

District Court New South Wales

Medium Neutral Citation: R v McDonald [2022] NSWDC 620 Hearing dates: Monday 12 September 2022 Date of orders: Monday 12 September 2022 Decision date: 12 September 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: (1) The offender is convicted. (2) Sentenced to a term of imprisonment of 12 months. (3) Pursuant to s 39(1A) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), I order a final ADVO. Catchwords: CRIME — Violent offences — Common assault — One count following finding of guilt in Judge alone trial — Maximum penalty 5 years — Offender is 43 — Complainant and offender have a child together but are not in a domestic relationship — Objectively at the top of the range of these types of offences — Offender came to the home of complainant where incident took place — There is a strong correlation between the offenders use of drugs and his offending behaviour — Offender has lengthy criminal record commencing in 1995 — Prospects of rehabilitation are guarded. Legislation Cited: Crimes Act 1900 (NSW): s 61 Crimes (Domestic and Personal Violence) Act 2007 (NSW): ss 16, 39(1A), 51C. Crimes (Sentencing Procedure) Act 1999 (NSW): s 5. Category: Sentence Parties: Regina (The Crown) Dwain McDonald (The Offender)

Representation: Crown Advocate: Ms. J. Jayasuriya (The Crown) Counsel: Mr. W. Tuckey (The Offender) Solicitors: Ms. M. Lewis (The Crown) Ms. J. Fahd (The Offender) File Number(s): 2020/00265808