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District Court 19 July 2017

Farhat v R

[2017] NSWDC 206

Assault & violenceDomestic & family violence

Citation: Farhat v R [2017] NSWDC 206
Court: District Court of New South Wales
Date: 19 July 2017
Judge(s): Bennett SC DCJ

Background

The appellant, a 35-year-old man with no prior criminal history, had pleaded guilty in the Local Court to assault occasioning actual bodily harm arising from a domestic violence incident involving his then-wife. The offence occurred at the family home in Doonside, where an argument about a telephone call escalated into physical violence. The appellant pushed, slapped, and grabbed his wife, causing bruising to her upper right arm.

Following the assault, the appellant drove his wife around for approximately three hours before dropping her at Rooty Hill, where a friend was arranged to collect her. The Local Court convicted and sentenced him, and he appealed to the District Court seeking a different sentencing outcome.

By the time of the appeal, the parties had divorced. Their relationship had ended, and an Apprehended Violence Order was in place for the complainant's protection.

  • Whether the appellant's conviction and sentence in the Local Court should be set aside on appeal.
  • Whether the circumstances of the offence and the appellant's subjective case warranted the court disposing of the matter without proceeding to a formal conviction, by way of a conditional discharge and good behaviour bond.

Decision

Bennett SC DCJ acknowledged the seriousness of domestic violence as a category of offending, emphasising that such conduct must be denounced. At the same time, the judge noted the obligation to assess each matter on its individual facts and the offender's personal circumstances.

The court found the appellant's subjective case to be strong. He had no antecedents, carried positive character references from his former wife and his employer, and had suffered the additional personal tragedy of his father's death during the course of the proceedings. The judge found that the offending represented an aberration rather than a pattern of behaviour.

Taking all of these factors together, the District Court was satisfied that a conviction should not be recorded. The appeal was allowed, the Local Court conviction set aside, and the offence proved without proceeding to conviction. The appellant was discharged conditionally on entering a supervised two-year good behaviour bond.

Orders Made

  • The appeal was allowed and the Local Court conviction set aside.
  • The offence was proved, but the appellant was discharged conditionally on entering a two-year good behaviour bond (without conviction).
  • Bond conditions required the appellant to be of good behaviour and to appear before the court if called upon.
  • The appellant was required to continue residing at his current address and to provide written notice by prepaid registered post to the Court Registrar and the Office of Community Corrections at Blacktown if he intended to move during the bond period.
  • The bond was to be supervised for such period as Community Corrections officers deemed necessary.
  • The appellant was required to attend the Community Corrections Office at Blacktown no later than close of business on 21 July 2017, with failure to attend constituting a breach of the bond.

Key Takeaways

  • The District Court confirmed that domestic violence offending is serious and warrants denunciation, but that sentencing remains an individualised exercise responsive to the specific facts and the offender's subjective circumstances.
  • A conviction was not recorded where the offender had no prior criminal history, held strong character references, and the offending was assessed as an isolated departure from an otherwise law-abiding life.
  • Personal hardship suffered during proceedings, in this case the death of a close family member, may be treated as a relevant mitigating factor in sentencing.
  • Disposing of proved offences without conviction remains available as a sentencing outcome in appropriate cases, with conditional discharge on a supervised good behaviour bond as the mechanism applied here.
  • The existence of an Apprehended Violence Order protecting the complainant was noted by the court as a relevant feature of the post-offence circumstances.

Legislation and Cases Referenced

The judgment does not cite any specific legislation or cases by name. The sentencing outcome (discharge without conviction on a good behaviour bond) reflects the exercise of a discretionary sentencing power available under New South Wales sentencing legislation, though the specific provision was not identified in the text of the judgment.