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District Court 30 November 2007

R v Chris Stilliaras

[2007] NSWDC 291

Theft & propertyDomestic & family violence
CRIMINAL LAW SEVERITY APPEAL FROM LOCAL COURT MALICIOUS DAMAGE DOMESTIC VIOLENCE OFFENCE

Citation: R v Chris Stilliaras [2007] NSWDC 291
Court: District Court of New South Wales
Date: 30 November 2007
Judge(s): Nicholson SC DCJ

Background

The appellant had been in a de facto relationship with the complainant for approximately fourteen years, and they had four children together. The parties separated in March 2007 but remained on amicable terms, with the appellant continuing to visit the children regularly.

On 20 May 2007, following an overnight argument at the complainant's unit in Doonside, the appellant engaged in a sustained course of threatening and damaging conduct across multiple locations. This included blocking the complainant's vehicle with his own, reversing his car toward her in a manner that could have caused serious injury, threatening to kill her and others present, kicking the rear panel of her car causing significant damage, and using their three-year-old child as a means of intimidation.

The appellant was convicted in the Local Court on a malicious damage charge, with the conduct characterised as a domestic violence offence. The Local Court sentenced him to eight months' periodic detention with a non-parole period of six months. He appealed to the District Court on the ground that the sentence was excessive (a severity appeal).

  • Whether the sentence of eight months' periodic detention imposed by the Local Court was manifestly excessive given the objective seriousness of the offence and the appellant's personal circumstances.
  • What weight, if any, should be given to expressions of contrition in the context of a domestic violence offence.
  • Whether the appellant's history of anger-related offending, combined with the sustained nature of the conduct on the day in question, elevated the seriousness of the objective circumstances.

Decision

Nicholson SC DCJ took a markedly different view from the defence submission that the offending was not objectively serious. His Honour characterised the events of 20 May 2007 as a prolonged episode of threatening, intimidating, and harassing behaviour driven by sustained anger, describing it as a course of conduct that escalated across multiple locations over several hours.

The court identified particularly concerning features: the reversal of the vehicle toward the complainant with sufficient force to cause serious injury had she not moved; the use of a young child as a bargaining chip; the threatening language; and the presence of a fishing knife in the vehicle accessible to a man who had demonstrated an extended inability to control his anger. His Honour described the knife's presence, in that context, as a "scary feature of the case."

On the question of contrition, the court observed that in domestic violence matters, genuine contrition does not necessarily signal rehabilitation or a reduced risk of reoffending. It therefore carries less mitigating weight than it might in other criminal contexts. Despite this, His Honour accepted that the appellant expressed a genuine desire to become a father his children could respect.

Rather than confirm or vary the sentence immediately, the court elected to adjourn for six months and grant conditional bail. His Honour characterised the Local Court's sentence of eight months' periodic detention as not an unfavourable result for the appellant, but gave the appellant one opportunity to demonstrate rehabilitation before finalising the matter.

Orders Made

  • Conditional bail granted under s 11C of the Sentencing Procedure Act for a period of six months, subject to the following conditions:
  • The appellant is to be of good behaviour and not consume illicit or unprescribed drugs.
  • The appellant is to attend Blacktown Probation and Parole by 5pm on Monday 3 December 2007 and comply with all reasonable directions of the Probation and Parole Service.
  • Counselling directed in four areas: relationships, anger management, parenting skills, and drug and alcohol abuse.
  • The appellant is to enrol in a personal support programme through an employment assistance agency.
  • Random urine analysis up to four times monthly; failure to supply or presence of illicit drugs constitutes a breach.
  • Any breach to be notified to the court within forty-eight hours.
  • Matter adjourned to 1 February for a progress review, and to 6 June for finalisation, both at Parramatta.

Key Takeaways

  • The District Court rejected the submission that the objective circumstances of the malicious damage offending were minor, characterising the sustained, anger-driven course of conduct across multiple locations as objectively serious.
  • In domestic violence matters, a sentencing court is entitled to treat expressions of contrition as carrying reduced mitigatory weight, because contrition does not reliably indicate rehabilitation or a diminished risk of reoffending.
  • Where a domestic violence offender has a history of anger-related offending spanning several years, that pattern is relevant to assessing the seriousness of subsequent conduct and the risk posed.
  • The use of a young child as a means of intimidation during a domestic violence incident was treated as an aggravating feature of the offending.
  • Adjourning sentencing on a severity appeal to allow a rehabilitation period, subject to strict conditions including Probation and Parole supervision and counselling, represented an available and discretionary approach in the circumstances of this case.

Legislation and Cases Referenced

Legislation:
- Sentencing Procedure Act (NSW), s 11C (conditional bail provision referenced in the decision)

Cases cited: None cited in the judgment text or metadata.