Misra v R [2016] NSWDC 8

District Court New South Wales

Medium Neutral Citation: Misra v R [2016] NSWDC 8 Decision date: 08 February 2016 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: The appeals against sentence are dismissed with two exceptions. In respect of the offences of resisting an officer in the execution of his duty and assaulting the police officer, the sentences are reduced from 3 months imprisonment to 2 months imprisonment, commencing on 4 December 2015 and expiring 2 February 2016. Catchwords: CRIMINAL LAW – appeals against gaol sentences – history of stalking and contravening apprehended violence orders – one earlier offence involving actual personal violence on record – serious contravention of apprehended violence order – violent threats via email and phone – resisting arrest – assault police – breach of good behaviour bonds – difficult circumstances of offender no justification for offending – gaol term warranted Legislation Cited: Crimes Act 1900 (NSW), ss 58, 60 Crimes (Appeal Review) Act 2001 (NSW), s 20 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14(1) Criminal Code Act 1995 (Cth), s 474.15(2) Category: Principal judgment Parties: Ashwani Kumar Misra (Appellant) Regina (Crown) (Respondent) Representation: Ashwani Kumar Misra (self-represented) (Appellant)

Solicitors: R Buttini, Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2014/256630; 2014/312397; 2015/007768; 2015/027015; 2015/304225; 2015/335328 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 4 December 2015 Before: B Williams LCM File Number(s): 2014/256630; 2014/312397; 2015/007768; 2015/027015; 2015/304225; 2015/335328