NSW Caselaw
New South Wales District Court
CITATION: R v RX; MX [2008] NSWDC 356
JUDGMENT DATE: 19 December 2008
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ
DECISION: In respect of RX - for the offence of aggravated break and enter and commit serious indictable offence a non-parole period of 6 years and balance of term of 6 years, for the offence of kidnapping a non-parole period of 4 years and balance of term of 3 years, for the offence of assault occasioning actual bodily harm a non-parole period of 2 years and balance of term of 1 year. In respect of MX - for the offence of break and enter and commit serious indictable offence a non-parole period of 5 years and balance of term of 4 years, for the offence of kidnapping a fixed period of 4 and 1/2 years.
CATCHWORDS: CRIMINAL LAW - sentence - domestic violence - credibility of offender (MX) - premeditation or planning of offence - psychological and psychiatric condition of offender (RX) - emotional harm caused by offence
Crimes Act 1900 s 112(2) LEGISLATION CITED: Crimes (Domestic and Personal Violence) Act 2007 s 39 Crimes (Sentencing Procedure) Act 1999 s 21A
Regina v Dunn (2004) 144 A Crim R 180 Regina v Edigarov (2001) 125 A Crim R 551 CASES CITED: Regina v Fahda [1999] NSWCCA 267 Regina v Glenn (CCA, unreported 19 December 1994) Regina v Hamid [2006] NSWCCA 302 Regina v O'Donoghue [2005] 151 A Crim R 597
Regina PARTIES: RX MX
FILE NUMBER(S): 2006/11973001-3; 2006/13135001-3
Ms S Herbert (for DPP) COUNSEL: Mr Brady (for RX) Ms Macdougall (for MX)
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