Supreme Court
Decision Information
Summary: Accused moved out of matrimonial home after marriage breakdown, but unable to deal with separation in mature way. Court ordered him to stay away from matrimonial residence but he broke in twice and created significant damage by making holes in drywall, ripping wallpaper, pouring bleach on curtains and clothes, smashing furniture, mirror, ornaments and china, strewing plant dirt around, and spilling paint on carpet. Caught at scene second time. Claims to have committed crimes out of anger during throes of severe emotional depression. Court found action was calculated infliction of emotional trauma and accused suffering serious emotional illness. Found public needs protection from accused and accused needs substantial time isolated from public to obtain help to recover from his emotional problems. Cannot give credit for time served because accused was being held on other matters too.
Decision: Sentence determined - 12 months and 15 months imprisonment to be served consecutively
Subjects: Criminal law - Sentencing - Considerations on sentencing - Motive of the accused
Criminal law - Breaking and entering and related offences - Breaking and entering with intent to commit indictable offence