This decision concerns a breach of a Conditional Sentence Order (CSO).
The offender, Yogathas Yogarajah, had been sentenced for seven offences, including multiple assaults and breaches of probation/release orders, and was serving a 12-month CSO.
He breached the CSO by attending his partner's residence and having contact with her, despite conditions prohibiting this.
The court considered the seriousness of the breach, the offender's extensive history of domestic violence and prior breaches, and the principles governing conditional sentence breach hearings.
The Crown sought full incarceration, while the Defence sought minor changes or a lesser custodial period.
The court ordered an additional 120 days of custody, after which the CSO would resume, and varied the CSO conditions to facilitate entry into a residential treatment program, balancing deterrence and rehabilitation.
