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DPP v Gale [2023] ACTSC 297

See full judgment: Austlii.

The offender was sentenced following a plea of guilty to 1 count of using a carriage service to menace, contrary to s 474.17 of the Commonwealth Criminal Code. Offender also sentenced for state stalking and assault offences.

Nature and Circumstances: Offending occurred whilst offender was on conditional liberty as a result of a grant of bail following their arrest relating to an aggravated choking offence. Offending involved an inferred threat of violence against the victim. That threat arose out of a dispute about the recovery of offender’s property from the victim. It is below the mid-range of objective seriousness for such an offence.

Antecedents: Offender’s past involves a history in which there were no good male role models. Instead, offender’s father provided a role model involving violence against women and unlawful conduct. Offender’s parents both abused alcohol. Offender’s mother abused marijuana. Their father abused a range of other drugs. Offender was introduced to drugs as a child. The offender diagnosed with Post-Traumatic Stress Disorder and substance misuse disorder. The denial of positive role models and the presence of dysfunctional role models will have undoubtedly affected the offender and reduce, to some extent, their moral culpability. Those aspects of offender’s upbringing may also increase the need for specific deterrence and the need for protection of the community.

Offender sentenced to 56 months of imprisonment with a non-parole period of 28 months.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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