R v Duarte [2024] NSWDC 145

District Court New South Wales

Medium Neutral Citation: R v Duarte [2024] NSWDC 145 Hearing dates: 21 March 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 2 years and 2 months with a non-parole period of 1 year and 3 months Catchwords: CRIME — Domestic violence — "Domestic violence offence" — Breach of Apprehended Domestic Violence Order CRIME — Property offences — Enter dwelling-house with intent to commit serious indictable offence — Circumstances of aggravation CRIME — Violent offences — Common assault SENTENCING — Penalties — Imprisonment — Intensive Correction Order not appropriate SENTENCING — Aggravating factors — Presence of child — Home of victim — Record of previous convictions SENTENCING — Relevant factors on sentence — Sentence after jury trial — Objective seriousness — Totality — Lack of understanding of harm caused to the victim SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 R v Dunn [2004] NSWCCA 346 R v Holder; R v Johnston [1983] 3 NSWLR 245 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: Criminal Justice Reform Initiative, "Jailing Is Failing" https://www.justicereforminitiative.org.au/jailingisfailing accessed 20 March 2024 Category: Sentence Parties: Adelino Duarte (the offender) Public Prosecutions (NSW) (Crown) Representation: Counsel: J Hibbard (for the offender)