R v Kyriakoulis [2024] NSWDC 304

District Court New South Wales

Medium Neutral Citation: R v Kyriakoulis [2024] NSWDC 304 Hearing dates: 21 February, 23 April and 5 June 2024 Date of orders: 5 June 2024 Decision date: 05 June 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of imprisonment of 3 years 4 months with a non‑parole period of 2 years Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Circumstances of aggravation CRIME — Domestic violence — "Domestic violence offence" SENTENCING — Aggravating factors — Breach of conditional liberty — Breach of the Apprehended Domestic Violence Order — Home of victim — Presence of child — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty — Attempted rehabilitation SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Objective seriousness SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addiction — Mental illness — Deprived childhood Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Category: Sentence Parties: Tristan Jamieson-Kyriakoulis (the offender) Public Prosecutions (NSW) (Crown) Representation: Counsel: T McKenzie (for the offender) Public Prosecutions (NSW) (Crown)