R v Mercuri de Figueiredo [2022] NSWDC 67

R v Mercuri de Figueiredo [2022] NSWDC 67

The court imposed a full-time custodial aggregate sentence because the offender placed MDMA in the complainant's wine, rendering her unconscious, sexually touched her without freely and voluntarily given consent, and attempted sexual intercourse without consent by removing clothing and exposing her chest and genitalia. Count 1 and Count 3 were serious criminal conduct falling in the middle of the low range, Count 2 was at the lower end, and the offending was opportunistic rather than planned. The drugging was not double counted as an aggravating factor for Counts 2 and 3, but the emotional harm was substantial, the offender showed no remorse, general deterrence was important, and no...

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Criminal Sentence / Remarks on Sentence Following Judge Alone Trial and Findings of Guilt
Outcome
Full time custodial sentence imposed.
Legal Topics
['administer Intoxicating Substance With Intent to Commit Indictable Offence' 'sexual Touching Without Consent' 'attempted Sexual Intercourse Without Consent' 'objective Seriousness' 'aggravating and Mitigating Factors' 'special Circumstances' 'principle of Totality' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['administer Intoxicating Substance With Intent to Commit Indictable Offence' 'sexual Touching Without Consent' 'attempted Sexual Intercourse Without Consent' 'objective Seriousness' 'aggravating and Mitigating Factors' 'special Circumstances' 'principle of Totality' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence Following Judge Alone Trial and Findings of Guilt

Legal Issues

  1. 1 ['What sentence should be imposed for administering an intoxicating substance with intent to commit an indictable offence, sexual touching without consent, and attempted sexual intercourse without consent.' 'Whether the offending was planned or opportunistic and how that affected objective seriousness.' 'Whether the use of MDMA could be treated as an aggravating factor without double counting.' 'Whether the victim suffered substantial injury or emotional harm.' "Whether the offender's mental health, substance use disorder, prior good character, lack of remorse, risk of reoffending, onerous custody conditions and first time in custody affected sentence." 'How the principle of totality applied to the aggregate sentence.']

Ratio Decidendi

The court imposed a full-time custodial aggregate sentence because the offender placed MDMA in the complainant's wine, rendering her unconscious, sexually touched her without freely and voluntarily given consent, and attempted sexual intercourse without consent by removing clothing and exposing her chest and genitalia. Count 1 and Count 3 were serious criminal conduct falling in the middle of the low range, Count 2 was at the lower end, and the offending was opportunistic rather than planned. The drugging was not double counted as an aggravating factor for Counts 2 and 3, but the emotional harm was substantial, the offender showed no remorse, general deterrence was important, and no...

Court Disposition

Full time custodial sentence imposed.

Orders

  • ['You are guilty of the following offences: Count 1 – administer intoxicating substance with intent to commit indictable offence, pursuant to s 38(a) of the Crimes Act 1900; Count 2 – sexual touching of another person without consent, pursuant to s 61KC(a) of the Crimes Act 1900; Count 3 – attempted sexual...