Boswell v R [2015] NSWDC 208

District Court New South Wales

Medium Neutral Citation: Boswell v R [2015] NSWDC 208 Decision date: 15 May 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: (1) The sentence imposed in the Local Court is set aside. (2) A sentence of 16 months imprisonment is imposed for each offence, wholly suspended under s 12(1) Crimes (Sentencing Procedure) Act 1999 (NSW). (3) The offender is to be released from custody on condition that he enters into a conditional good behaviour bond for 16 months. Catchwords: CRIMINAL LAW – Appeal against sentence – offences against the person – assault occasioning actual bodily harm – contravene prohibition in apprehended domestic violence order – relevant factors – purposes of sentencing – previous history of violence – offences committed whilst on conditional liberty – limited understanding of offending behaviour – commenced rehabilitation during adjournment – strong family and community support – community best served by rehabilitation of an offender – no alternative to prison sentence but how to be served – sentences increased after Parker warning but suspended Legislation Cited: Crimes Act 1900 (NSW), s 59(1) Crimes (Appeal and Review) Act 2001 (NSW), s 20 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 9, 11, 12 Category: Sentence Parties: Jason Charles Boswell (Appellant) Regina (Respondent) Representation: Counsel: C Mendes (Appellant)

Solicitors: Office of the Director of Public Prosecutions NSW (Respondent) File Number(s): 2014/220298 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 29 September 2014 Before: Greenwood LCM File Number(s): 2014/220298