Police v Cameron Trevail [2012] NSWLC 1

Local Court New South Wales

Medium Neutral Citation: Police v Cameron Trevail [2012] NSWLC 1 Hearing dates: 16/12/2011 Decision date: 23 March 2012 Jurisdiction: Criminal Before: Henson DCJ, Chief Magistrate Decision: See paragraph [42] Catchwords: CRIMINAL LAW - sentence - Crimes (Domestic and Personal) Violence Act 2007 - Stalk and intimidate with intent to cause physical or mental harm - threat to publish video of sexual encounter unless victim agreed to further sexual intercourse - prior breaches of ADVOs and escalating nature of offending conduct - need to emphasise general and specific deterrence - no penalty other than sentence of imprisonment appropriate - Intensive Correction Order imposed Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: R v Borkowski [2009] NSWCCA 102 R v Boughen, R v Cameron [2012] NSWCCA 17 R v Doan (2000) 50 NSWLR 115 R v Taylor [2000] NSWCCA 442 R v Thomson and Houlton (2000) 49 NSWLR 383 Category: Principal judgment Parties: Police Cameron Trevail (Defendant) Representation: Sgt Wilczek (for the Police) Mr Richardson (for the Defendant) File Number(s): 2011/158721

JUDGMENT

Remarks on Sentence 1The offender appears before the Court today to be sentenced in relation to an offence of stalking and intimidation with the intention of causing psychical or mental harm. The charge in relation to the offence is brought pursuant to section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty for an offence under these provisions is 5 years imprisonment or a fine of $5,500 or both. The offence falls within Table 2 under the Criminal Procedure Act 1986. Section 268(2)(f) of that Act limits maximum penalty that may be imposed in the Local Court to 2 years imprisonment or a fine of $5,500 or both. Despite the jurisdictional limitation it is well settled law since R v Doan (2000) 50 NSWLR 115 that a Court, in assessing the objective seriousness of an offence, is to have regard to the maximum legislative penalty not the jurisdictional limit.