NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Barnett [2020] NSWDC 193 Hearing dates: 7 May 2020 Date of orders: 12 May 2020 Decision date: 12 May 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 79-84 Catchwords: SENTENCE – detain, reckless wounding and contravention of AVO offences – mid-range seriousness of offences – offender's subjective circumstances – role of alcohol disorder in offending conduct – reliance of COVID-19 pandemic as a sentencing consideration Legislation Cited: Crimes Act 1900 (NSW), ss 35, 86 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 12, 14 Crimes (Sentencing and Procedure) Act 1999 (NSW), ss 3A, 5 21A Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: Carroll v The Queen (2009) 254 ALR 379; [2009] HCA 13 McCullough v R (2009) 194 A Crim R 439 Munda v Western Australia (2003) 249 CLR 600; [2013] HCA 38 Patsan v R [2018] NSWCCA 129 R v Newell [2004] NSWCCA 183 Scott v R [2020] NSWCCA 81 Texts Cited: Odgers, Sentence (4th ed, 2018) Category: Sentence Parties: Director of Public Prosecutions Mr GW Barnett Representation: Counsel: Mr D Henschell for the Director of Public Prosecutions Ms K Stares for the offender
Solicitors: Solicitor for the Director of Public Prosecutions Aubrey Brown Lawyers for the offender File Number(s): 2019/119673 Publication restriction: Nil
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