R v Beaver [2019] NSWDC 215

District Court New South Wales

Medium Neutral Citation: R v Beaver [2019] NSWDC 215 Hearing dates: 16 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Criminal Before: Hunt DCJ Decision: The offender is sentenced to an aggregate term of imprisonment for a period of 7 years with a non parole period of 4 years

For the matter on the s166 certificate of contravene ADVO the offender is sentenced to a fixed term of imprisonment for a period of 12 months which is wholly concurrent with the aggregate sentence. Catchwords: CRIMINAL LAW – Sentence – Form 1 – S 166 certificate – Offender on parole at time of offending – Breach of ADVO – Assault occasioning actual bodily harm – Common assault - Armed with intent to commit an indictable offence - Intimidation - Victim in fear – Do act to influence a witness – Escape police custody Legislation Cited: Crimes Act Crimes (Domestic and Personal Violence) Act Crimes (Sentencing Procedure) Act. Criminal Procedure Act. Cases Cited: Cross v R [2016] NSWCCA 214 Evans v R [2017] NSWCCA 281 R v Burton [2008] NSWCCA 128 R v Callaghan [2006] NSWCCA 58 R v De Simoni (1981) 147 CLR 383 R v Hamid [2006] NSWCCA 302; (2006) A Crim R 179 Category: Sentence Parties: The Crown Jonathan Edward Beaver Representation: Solicitors: Director of Public Prosecutions – Crown Ryan and Payten Criminal Law Specialists File Number(s): 2017/299725; 2017/302033; 2017/320809; 2017/33651