R v Gagnuss [2023] NSWDC 265

District Court New South Wales

Medium Neutral Citation: R v Gagnuss [2023] NSWDC 265 Hearing dates: 6 April 2023 Date of orders: 6 April 2023 Decision date: 06 April 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Federal offence – 9 months sentence imprisonment deferred – recognisance order for a period of 2 years Sate offences – Aggregate sentence of imprisonment – 2 years and 7 months to be served by way of Intensive Corrections Order Catchwords: CRIME – domestic violence offences – aggravated break enter and commit the serious indictable offence of intimidation (NSW) – Possess unlawful pistol (replica) (NSW) – using a carriage service to menace (Cth) SENTENCING – Relevant factors on sentence – pattern of domestic violence offending – assessment of objective seriousness – efforts to redress offending – engagement in treatment – possible disruption of treatment if imprisoned need for retributive sentence – community protection – can ICO best meet purposes of punishment – community protection considered Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Ponfield & Ors v R [1999] NSWCCA 435; (1999) 48 NSWLR 327 R v Crawley [2021] NSWCCA 354 Stanley v Director of Public Prosecutions (NSW) [2021] NSWCA 337 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3. Category: Sentence Parties: Trent Gagnuss (the offender) Director of Public Prosecutions Representation: Counsel: E Anderson (for the offender)