Williams, Travis v D.P.P [2009] NSWDC 250

New South Wales District Court

CITATION: Williams, Travis v D.P.P [2009] NSWDC 250

HEARING DATE(S): 09/09/09 and 10/09/09

JUDGMENT DATE: 10 September 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Appeal dismissed. Conviction and sentences imposed by the learned magistrate confirmed.

CATCHWORDS: Criminal Law - Severity Appeal from Local Court - Assault - intimidate - contravene ADVO - recklessly damage property - Aboriginal offender - gratituous and sustained attack upon victim - severity of assault such as to focus sentencing upon punishment.

PARTIES: Travis Kevin Samuel Williams Director of Public Prosecutions

FILE NUMBER(S): 2009/73071

COUNSEL: Defence: P Johnson

SOLICITORS: Crown: N Tran-Dinh

JUDGMENT 1. Travis Williams appeals against the sentences of imprisonment imposed upon him in the Local Court here at Broken Hill on 11 June 2009. On that occasion he was before the court on four charges really arising out of the same incident. One was an assault occasion actual bodily harm; the others are described as intimidate, contravening a prohibition specified in an order; and intentionally or recklessly destroying or damaging property. The sentences for those offences varies slightly but the overall effect of them was that he was sentenced to an overall term of fifteen months imprisonment with an eight months non-parole to date from 4 June 2009.

2. The facts before the learned magistrate were these, that Melissa Stokes and Travis Williams, the appellant, had previously been in a domestic relationship which had ended six months prior to the offences. There was an enforceable apprehended violence order in place naming the victim as the person in need of protection. The orders were in terms of not assaulting, molesting, harassing, threatening, or otherwise interfering with the protected person, or engaging in conduct that intimidated the protected person, or stalk her.