Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1:

1. MITCHELMORE JA: On 24 October 2023, the applicant was found guilty after a trial in the District Court before Judge English sitting with a jury at Lismore of the following offences:

1) one count of detain with intent to obtain an advantage, namely psychological satisfaction, contrary to s 86(1)(b) of the Crimes Act 1900 (NSW) (count 2); and

2) three counts of common assault contrary to s 61 of the Crimes Act (counts 3, 7 and 8).

2. On 22 February 2024, Judge English sentenced the applicant for the above offences as well as two further offences to which he pleaded guilty and which were before her Honour as related offences pursuant to s 166 of the Criminal Procedure Act 1986 (NSW), being:

1) a charge of intimidate with the intention of causing fear of physical or mental harm (DV), contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW); and

2) intentionally or recklessly damage property (DV), contrary to s 195(1)(a) of the Crimes Act.

3. On the charges of which the applicant was convicted following trial, her Honour sentenced the applicant to an aggregate sentence of 5 years with a non-parole period of 3 years, to date from 25 October 2023. Her Honour separately sentenced the applicant on the further two offences (the applicant having pleaded guilty at a time entitling him to a 10% discount) to 12 months imprisonment and 9 months imprisonment respectively, both of which commenced on 25 October 2023 and were thus served wholly concurrently with the aggregate sentence.

4. The applicant sought leave to appeal against the sentence imposed. The single ground of appeal that he advanced was:

"Undue severity. No consideration for mitigating circumstances."

5. The applicant, who represented himself, addressed the ground of appeal and raised additional complaints about the sentencing judge's approach in his written submissions. He made brief oral submissions at the hearing that were directed to some of the matters in his written submissions. I have considered all of the matters that the applicant raised.

6. For the following reasons, I would grant the applicant leave to appeal but I would dismiss the appeal.

Background to the appeal

The Offending

7. The sentencing judge made the following findings regarding the offending, which took place on 7 October 2021 and occurred between the hours of 7 pm and 10 pm. There were two victims. The victim of counts 2, 3, and 7 was the applicant's then partner. The victim of count 8 was the applicant's then housemate.

8. The applicant and his partner met on a dating application in July 2021 and commenced a sexual relationship on 22 September 2021. As at the date of the offences the applicant was 34 years old and his partner was 23 years old.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1985ddadae325bc24be4f78b)

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