R v J. T. [2007] NSWDC 377

New South Wales District Court

CITATION: R v J. T. [2007] NSWDC 377 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 17 August 2007

EX TEMPORE JUDGMENT DATE : 27 September 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Aggravated enter dwelling w/i knowing people there: Term of imprisonment of 2 years, 8 months to commence on 3 June 2007 and expiring on 2 February 2010 with a non-parole period of 1 year, 8 months. The offender is to be released to supervised parole when the non-parole period expires. ; Assault Occasioning Actual Bodily Harm (CP): term of imprisonment of 10 months to commence on 3 June 2007 and expiring on 2 April 2008 ; Maliciously destroy property by means of fire: term of imprisonment of 3 years, 5 months to commence on 3 June 2007 and expiring on 2 November 2010 with a non-parole period of 2 years. The offender is to be released to supervised parole when the non-parole period expires.; Assault Occasioning Actual Bodily Harm (TB): Pursuant to s166 the matters are dismissed.; Enter enclosed lands: $10.00 Fine; Contravene Apprehended Violence Order: Fixed term of 12 months imprisonment to date from the 3 June 2007 and expiring on the 2 June 2008.; Resist Police: Fixed term of 12 months imprisonment to date from the 3 June 2007 and expiring on the 2 June 2008.; Domestic Violence order for a period of 4 years to date from the 3 June 2007.

CATCHWORDS: Criminal Law - Sentencing - Enter dwelling with intent in circumstances of aggravation - Maliciously wound - AOABH - Destroy house and contents by means of fire - domestic violence - indigenous offender - return to house after earlier argument - offences constitute breach of trust - violence administered in presence of children - one victim a 15 year old female - $63K damage to home - on conditional liberty - reasonable subjectives