NSW Caselaw
New South Wales District Court
CITATION: Regina v Terry William Cooper; Regina v Paul Anthony Cooper [2006] NSWDC 202
JUDGMENT DATE: 21 September 2006
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: TERRY COOPER – 04/11/1138; Convicted.; Sentence 9 months N.P.P. and 5 months balance of term.; Suspended pursuant to s12 C(SP)A. Conditional upon entry into s12 Bond with conditions.; PAUL COOPER 04/11/1140; Convicted.; AOABH on Robert Connor - Sentence 12 months fixed term imprisonment.; AOABH to Robert O'Connor whilst in company - Sentence 15 months non-parole and 9 months balance of term; AOABH to Hayden Batty whilst in company - Sentence minimum 12 months and 7 months balance of term; Suspended pursuant to s12 C(SP)A. Conditional upon entry into s12 Bond with conditions.
CATCHWORDS: Criminal Law - Sentencing - co-offenders - assault occasioning actual bodily harm in company - objective criminality - aggravating features - use of hammer, police baton, steel capped boots to advance assault - domestic violence offence - subjective features - domestic violence figures in childhood - drug issues - alterations to and deletions from forensic reports criticised - deterrence - issues of parity - suspended sentences
LEGISLATION CITED: Crime (Sentencing) Procedure Act 1999
R v Thomson and Houlton (2000) 49 NSWLR 383 CASES CITED: R v Jamison Vincent [2006] NSWCCA 276 R v Lovelock (1978) 33 FLR 132
Regina PARTIES: Terry William Cooper Paul Anthony Cooper
FILE NUMBER(S): 04/11/1138; 04/11/1140
COUNSEL: J. Bowers - appearing for the Crown J. Stratton S.C. - appearing for Paul Cooper
SOLICITORS: Mr G. Murray appearing for Terry Cooper
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