R v FDP [2007] NSWDC 319

New South Wales District Court

CITATION: R v FDP [2007] NSWDC 319

HEARING DATE(S): 20-27 August 2007- Trial

JUDGMENT DATE: 9 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Sentenced to imprisonment. On each offence in Counts 2, 3 and 4 of take control of child without consent there will be a non-parole period of two years to commence on 1 June 2007 and expire on 31 May 2009 and a total term of three years and three months to expire on 31 August 2010. Each sentence will be concurrent. On the offence of malicious wounding - statutory alternative to Count 1 - there will be a non-parole period of three years to commence on 1 December 2008 and expire on 30 November 2011 and a total term of five years to expire on 30 November 2013. I find special circumstances. First date offender will be eligible for release to parole is 30 November 2011. Recommend conditions of parole: not to approach or attempt to contact NDP ; not to have unsupervised contact with his children. On related s 166 charge of contravene AVO sentenced to twelve months fixed term of imprisonment to commence 1 June 2007 and to expire 31 May 2008.

CATCHWORDS: CRIMINAL LAW - Sentencing - Domestic violence offences - Malicious wounding - Abduction of children

LEGISLATION CITED: Crimes Act 1900 (NSW) Family Law Act 1975 (Cth)

CASES CITED: R v Hamid [2006] NSWCCA 302

PARTIES: Crown FDP (Offender)

FILE NUMBER(S): 07/11/0126

COUNSEL: Mr P Lynch (Crown) Mr G Drake (Offender)

SOLICITORS: NSW DPP William O'Brien

SENTENCE

The name of the offender and any matter which identifies the child victims is not to be published.

1 HIS HONOUR: FDP was convicted by a jury on 27 August this year on a charge of maliciously wounding his wife NDP. He was charged with malicious wounding with intent to cause grievous bodily harm, but he was acquitted on that count and convicted on the statutory alternative charge.