R v BALLENDEN [2010] NSWDC 86

New South Wales District Court

CITATION: R v BALLENDEN [2010] NSWDC 86

HEARING DATE(S): 13 April 2010 EX TEMPORE JUDGMENT DATE : 13 April 2010

JURISDICTION: Disstrict Court Criminal

JUDGMENT OF: Berman SC DCJ

For the offence of detaining for advantage, the offender is sentenced to imprisonment. I set a non-parole period of one year to commence on 13 November 2009 and a head sentence of two years. For the offence of being armed with intent, the offender is sentenced to imprisonment. I set a non-parole period of one and a half years to commence on 13 November 2010 and a head sentence in that matter of three years. For the offence of assault occasioning actual bodily harm, taking into account the matters on the Form 1, the offender is sentenced to imprisonment. I set a non-parole period of one year to commence on 13 November 2011 and a head sentence of three years. DECISION: I also impose an apprehended violence order on the offender, for a period of four and a half years from today. Under s12 the Crimes (Domestic and Personal Violence) Act, I direct that the s 86 and the s 59 matters are recorded on the offender's criminal history as domestic violence related matters.

CATCHWORDS: CRIMINAL LAW - Sentence - Armed with intent to commit an indictabe offence - Intimidation - Detaining with intent to obtain an advantage - Assault occasioing actual bodily harm - Contravene apprehended violence order

LEGISLATION CITED: Crimes (Domestic and Personal Violence) Act,

PARTIES: The Crown Todd Andrew Ballenden

FILE NUMBER(S): DC 2009/251123

COUNSEL: Mr J Fitzgerald - Offender

SOLICITORS: Director of Public Prosecutions Legal Aid Commission - Offender