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District Court 9 November 2020

R v Ladas

[2020] NSWDC 832

Assault & violenceFirearms & weaponsDomestic & family violencePublic order & justice offences
CRIME SENTENCE USING AN OFFENSIVE WEAPON ASSAULT OCCASIONING ACTUAL BODILY HARM INTIMIDATION

Citation: [2020] NSWDC 832
Court: District Court of New South Wales
Date: 9 November 2020 (amended 8 February 2021)
Judge: Colefax SC DCJ

Background

The offender was sentenced for nine principal offences arising from a sustained course of domestic violence against his intimate partner over the period of their relationship, from April 2016 to February 2019. The victim had two children from a prior relationship, and she and the offender had a child together. The relationship was marked by ongoing financial stress, the offender's prolonged drug abuse, and repeated episodes of physical and psychological violence.

The offences included two counts of using an offensive weapon with intent to intimidate, four counts of assault occasioning actual bodily harm, and three counts of intimidation. Additional matters were dealt with by way of a Form 1 (taken into account on sentencing without separate conviction), a section 166 certificate matter for contravening an apprehended violence order, and the call-up of an existing section 9 bond for possessing or using a prohibited weapon without a permit.

The agreed facts made clear that the charges were representative only. The offending included incidents in which the offender grabbed the victim by the throat, dragged her by the hair, threatened her with an extendable baton, struck her with a glass, and on separate occasions used a prohibited weapon to intimidate her.

  • What aggregate sentence was appropriate given the number, nature, and seriousness of the offences?
  • How should the principle of totality be applied across nine principal offences plus Form 1 matters, given the prolonged course of conduct?
  • What weight should be given to the offender's guilty pleas, personal circumstances, and prospects of rehabilitation?
  • How should the court treat the call-up of the existing section 9 bond?

Decision

Colefax SC DCJ assessed the objective seriousness of each offence individually before arriving at an aggregate sentence. Several offences were characterised as being in the mid-range or above for their type, with aggravating features including that the violence occurred in the victim's home, was perpetrated against a domestic partner, and was part of a prolonged pattern rather than isolated conduct. The court expressly noted that the representative nature of the charges placed the specific offences in a wider context of ongoing abuse.

A 25 percent discount was applied across the indicative sentences for each principal offence, reflecting the offender's guilty pleas. Without that discount, the indicative sentences ranged from 8 months to 6 years and 6 months for individual offences. After the discount, they ranged from 6 months to 4 years and 10 months.

Applying the totality principle, the court arrived at an aggregate term of imprisonment of 10 years. The non-parole period was fixed at 7 years and 6 months, commencing 9 March 2020 and expiring 8 September 2027. The balance of term was fixed at 2 years and 6 months, expiring 8 March 2030. In respect of the called-up bond, the court directed that no further action be taken, treating the aggregate sentence as sufficient to account for that matter.

The judgment was subsequently amended on 8 February 2021 to correct the stated aggregate term and non-parole period, which had been recorded incorrectly in the original decision.

Orders Made

  • Aggregate term of imprisonment of 10 years imposed.
  • Non-parole period of 7 years and 6 months, commencing 9 March 2020, expiring 8 September 2027.
  • Balance of term of 2 years and 6 months, commencing 9 September 2027, expiring 8 March 2030.
  • No further action taken on the called-up section 9 bond.

Key Takeaways

  • The District Court treated the representative nature of the charges as a significant contextual factor, using the broader pattern of uncharged conduct to inform the assessment of objective seriousness without punishing the offender for uncharged acts.
  • A 25 percent guilty plea discount was applied uniformly across indicative sentences for all nine principal offences before the totality principle was applied to arrive at the aggregate term.
  • Where multiple serious offences arise from a prolonged course of domestic violence, the totality principle requires the court to ensure the aggregate sentence reflects the overall criminality without simply accumulating each individual sentence.
  • The call-up of an existing bond does not automatically result in additional imprisonment; the court may direct no further action where the principal sentence is itself sufficient.
  • An amended decision was published correcting the originally recorded aggregate term and non-parole period, illustrating that sentencing judgments may be amended after delivery where errors are identified.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), ss 33B(1)(a), 59(1)
- Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 13(1), 14(1)
- Weapons Prohibition Act 1998 (NSW), s 7(1)

Cases:
- R v GWM [2012] NSWCCA 240