R v Barlow, Charles Cameron [2015] NSWDC 422

District Court New South Wales

Medium Neutral Citation: R v Barlow, Charles Cameron [2015] NSWDC 422 Hearing dates: 20 February 2015, 2 April 2015 Date of orders: 13 April 2015 Decision date: 17 April 2015 Jurisdiction: Criminal Before: King DCJ Decision: Convicted.

Indicative sentences:

SEQ 007: Cause GBH to person with intent: Imprisonment for 7 years - NPP 5 years. Special circumstances in re totality only, as the offender is already serving a sentence of 18 months imprisonment SEQ 8: Use etc offensive weapon to prevent lawful detention: Imprisonment for 3 years and 6 months SEQ 9: AOABH in re Mr GS: Imprisonment for 2 yrs SEQ 10: Aggravated take/detain person with intent to obtain advantage: Imprisonment for 4 yrs and 6 months FORM 1 – SEQ 4: Maliciously destroy/damage property: Taken into account on sentence for SEQ 7 (and aggregated sentence)

Aggregate sentence

Sentenced to a term of imprisonment for 7 years and 9 months comprising of a NPP of 5 years and 6 months to commence on 19/8/14 and to expire on 18/2/20 and a balance of term of 2 years and 3 months to commence on 19/2/20 and to expire on 18/5/22. Eligible to be released to parole on 18/2/20.

s166 – SEQ 3: Contravene prohibition/restriction in AVO (Domestic): Sentenced to a term of imprisonment for 18 months to commence on 19/8/14 and expire on 18/2/16. Catchwords: CRIMINAL LAW – Sentence – relevant factors – offences against the person - nature & circumstance of offender - domestic violence – assault with intent to do grievous bodily harm – aggravated detain for advantage – actual bodily harm – use offensive weapon to prevent lawful detention – contravene Apprehended Domestic Violence Order Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Mitchell; R v Gallagher [2007] NSWCCA 296. AM v R [2012] NSWCCA 203 at 78 Ashe v R [2010] VSCA 119 R v Tuta [2014] NSWCCA 40 R v Allen [2010] NSWCCA 47 Mendez v R [2012] NSWCCA 103 R v Richards (1981) 2 NSWLR 464 Callaghan v The Queen, [2006] NSWCCA 58 R v Fernando (1992) 76 A Crim R 58 Category: Sentence Parties: Regina (Crown) Barlow, Charles Cameron (Defendant) Representation: Counsel: Mr M Smith (Crown) Mr P Winch Defendant)