R v X [2010] NSWDC 105

New South Wales District Court

CITATION: R v X [2010] NSWDC 105

JUDGMENT DATE: 22 March 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The overall sentence is 9 years imprisonment with a non-parole period of 5 years.

CATCHWORDS: CRIMINAL LAW - sentence - jury trial - extensive criminal behaviour - large number of offences over 8 year period of relationship with principal victim - suffering from personality disorder - victim impact statement - good prospects of rehabilitation - sentence to be significant but not crushing

Crimes Act 1900 s 33B, s 59, s 61, s 86(2)(b), s 99(1), s 117, s 562AB LEGISLATION CITED: Crimes (Domestic and Personal Violence) Act 2007 s 13(1) Weapons Prohibition Act 1998 s 7(1)

PARTIES: Regina X

FILE NUMBER(S): 09/8889

COUNSEL: Mr Moberley Mr Thangaraj

SOLICITORS: NSW Office of the Director of Public Prosecutions Watsons

JUDGMENT

1. In sentencing the offender, I have to maintain a balance between two considerations which pull in opposite directions. On the one hand, he has committed a series of crimes - some very serious - mostly against the same victim who has been traumatised by these crimes. On the other hand, he is still a young man of twenty-six years who had started dealing with his own behaviour at about the time of the last offences and who is well supported by a loving family.

2. The first consideration calls for heavy sentences to punish him for his extensive criminal behaviour. The second consideration restrains me from imposing sentences which would be so harsh that they would crush any desire and efforts to rehabilitate himself as he works towards the prospect of returning to healthy relationships in the community. Both Mr Moberley, who appeared as Crown Prosecutor in the trial and the sentence proceedings and Mr Thangaraj, who appeared for The offender, have acknowledged this tension and the risk of imposing a series of sentences which could arrest his steps towards rehabilitation.