Serious Domestic Violence Charges – Full-Time Imprisonment Avoided Following the Court’s Consideration of Section 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW)

Jones Hardy Law represented a client before the Liverpool Local Court charged with multiple domestic violence offences arising from allegations involving his former spouse and two of their children.

The prosecution alleged a prolonged course of domestic violence spanning several years. 

The charges before the Court included:

• two counts of Assault Occasioning Actual Bodily Harm (Domestic Violence Related);
• two counts of Common Assault (Domestic Violence Related); and
• one count of Intentionally Choking a Person Without Consent (Domestic Violence Related).

The allegations were serious and involved claims of repeated physical violence occurring within the family home and during family holidays. The prosecution case alleged assaults against the client’s spouse together with assaults upon two of the children. The matter was supported by complainant statements, medical material and photographic evidence said to corroborate aspects of the allegations.

Domestic violence offences involving allegations of violence against multiple family members, particularly children, are treated with the utmost seriousness by the courts. Given the objective seriousness of the allegations and the applicable sentencing principles, our client faced a very real prospect of a sentence of full-time imprisonment.

From the outset, Jones Hardy Law recognised that this was a matter requiring meticulous preparation and a carefully developed sentencing strategy.

Working closely with our client, we prepared extensive subjective material demonstrating:

• genuine remorse and acceptance of responsibility;
• meaningful insight into the offending;
• active participation in counselling and rehabilitation programs;
• positive prospects of rehabilitation;
• strong community and family support;
• employment history and future stability; and
• the significant consequences that imprisonment would have upon the client and those dependent upon him.

Comprehensive written sentencing submissions were prepared addressing both the objective seriousness of the offending and the statutory sentencing principles contained in the Crimes (Sentencing Procedure) Act 1999 (NSW).

Particular emphasis was placed upon the matters relevant to the Court’s consideration under section 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Our submissions addressed why, if the Court considered a sentence of imprisonment necessary, the client’s demonstrated rehabilitation, reduced risk of reoffending and suitability for supervision meant that an Intensive Correction Order was an appropriate sentencing option in lieu of full-time detention.

After hearing submissions, the Liverpool Local Court accepted that the offending warranted a sentence of imprisonment.

However, having regard to the statutory considerations required by section 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court determined that the sentence of imprisonment should be served by way of an Intensive Correction Order (ICO) rather than by full-time custody in a correctional centre.

The Court also imposed a Community Correction Order (CCO) in respect of the remaining offences.

The result meant that, despite the seriousness of the offending and the real prospect of imprisonment, our client was able to serve the custodial component of his sentence in the community under strict supervision by Community Corrections, subject to rigorous conditions designed to promote accountability, rehabilitation and community safety.

An Intensive Correction Order is not a non-custodial sentence. It is a sentence of imprisonment served in the community and is only available where the Court is satisfied that it is an appropriate alternative to full-time detention after considering the legislative framework established by the Crimes (Sentencing Procedure) Act 1999 (NSW).

In matters involving multiple domestic violence offences and allegations concerning violence against children, securing an Intensive Correction Order requires careful preparation, compelling subjective evidence and persuasive advocacy demonstrating that community safety and the purposes of sentencing can be achieved without full-time imprisonment.

This matter highlights the importance of early legal advice, proactive rehabilitation and comprehensive sentencing preparation in cases where custody is a real possibility.

Jones Hardy Law regularly appears in the Local and District Courts throughout New South Wales representing clients charged with serious assault and domestic violence offences.

Where imprisonment is a genuine risk, we work closely with our clients to prepare comprehensive sentencing cases, obtain the strongest available supporting material and present persuasive submissions aimed at achieving the best outcome permitted by law.

Every case is different. However, with careful preparation, strategic advocacy and experienced representation, even the most serious matters can often be approached in a way that maximises the prospects of avoiding full-time custody.