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R v Dean [2020] NSWDC 11

sentence — use carriage service to threaten to kill offence contrary to s 474.15(1) of the Commonwealth Criminal Code — 6 additional state offences and 5 related state offences — nature and circumstances of the offence — s 16A(2)(a) — threats to kill made in circumstances of domestic violence following breakdown of a marriage where an Apprehended Violence Order was in place in order to protect the victim — multiple death threats, albeit over a relatively short period — to some extent they escalated in their intensity — antecedents — s 16A(2)(m) — previous criminal convictions include intimidation, assault, contravening Apprehended Domestic Violence Order, destroying or damaging property as well as resisting officers in execution of their duty — offender is a repeat offender of serious offences involving violence — guilty plea — s 16A(2)(g) — 15% discount given for guilty plea for Commonwealth offence — contrition — s 16A(2)(f)(ii) — offender’s guilty pleas are, themselves, some evidence of remorse, although sentencing judge mindful that to make any additional discount for remorse on account of the plea would likely result in undue leniency — remorse is a matter of degree and at least a degree of remorse or contrition has been established notwithstanding sentencing judge’s disquiet that offender has not availed themselves of the opportunity to directly convey it to the Court but has essentially relied upon hearsay accounts from correctional officers — in view of offender’s record involving domestic violence against different partners, sentencing judge had some scepticism as to the sincerity of the expressions of contrition — finding of contrition relevant in mitigating, to a small degree, principles of specific deterrence and elevating, again to a small degree, the principle of rehabilitation — rehabilitation — s 16A(2)(n) — offender attended drug program sessions, studied subjects at TAFE and has certificates of acknowledgement by correctional centre signifying progress in dealing with addictions — upon release could reside with friend and employment as forklift driver — offender’s prospects for rehabilitation are reasonable — prospects for not re-offending are guarded — offender not consumed alcohol since entering custody although previous drug and alcohol counselling did not prevent offender’s previous relapse into heavy drinking and earlier attendance at domestic abuse program did not prevent current offending — general deterrence — s 16A(2)(ja) — principles of general deterrence, protection of the community, denunciation and the importance of making the offender accountable of their conduct must be given primary application ahead of more subject considerations applicable to this offender — special circumstances — sentencing judge held special circumstances applied in this case as offender’s prospects of rehabilitation were at least reasonable and it is desirable to extend the period on parole to promote rehabilitation — total effective sentence imposed 7 years’ 7 months and 2 days imprisonment with a 6 year 6 month and 32 day non-parole period
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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