R v Dates [2024] NSWDC 628

District Court New South Wales

Medium Neutral Citation: R v Dates [2024] NSWDC 628 Hearing dates: 20/12/24 Date of orders: 20/12/24 Decision date: 20 December 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 3 years 6 months with a NPP of 2 years 6 months (13/12/23-12/6/26). I find special circumstances. The indicatives sentences are (taking into account a 25 percent discount): Seq 7 Intimidate – 1 month Seq 4 Assault – 2 months Seq 16 Wounding – 2 years 10 months with NPP 2 years Seq 14 Breach of AVO – 1 year 2 months. I recommend that the offender be referred to the Intensive Drug and Alcohol Treatment Program (IDATP) for assessment. Catchwords: Crime – Sentence – Common assault – Intimidation – Reckless wounding – Contravene AVO Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] 249 CLR 571 Cherry v R [2017] NSWCCA 150 Hoskins v R [2021] NSWCCA 169 R v Hamid [2006] 164 A Crim R 179 Category: Sentence Parties: NSW DPP – Crown Offender – Kelvin Dates Representation: Ms Atkinson for Crown Ms Suters for Offender File Number(s): 23/452225 Publication restriction: Names anonymised pursuant to s.45 of the Crimes (Domestic and Personal Violence) Act 2007