Regina v Phillip Mitchell Boney [2006] NSWDC 85

Regina v Phillip Mitchell Boney [2006] NSWDC 85

The offences were grave, repeated, violent and degrading violations of the complainant's rights, involving kidnapping and multiple rapes in the context of a long campaign of domestic violence. The offender had no remorse, poor prospects of rehabilitation, a history of ignoring apprehended domestic violence orders and prior sentences, and posed a continuing danger to the complainant. The sexual offences were at least above mid-range seriousness, with Count 7 worse than Count 10, but partial accumulation was required to avoid an excessive overall sentence. Additional but limited punishment was warranted for the s.166 contraventions of apprehended domestic violence orders.

Jurisdiction
Australia
Judgment Date
27 October 2006
Procedural Posture
Criminal Sentencing / Sentence Following Trial Convictions, With Related Offences Dealt With Under S.166 of the Criminal Procedure Act 1986 and Form 1 Offences Taken Into Account
Outcome
Offender sentenced to an effective non-parole period of 21 years and a head sentence of 27 years; eligible for parole on 21 July 2028 and to be released from all forms of custody on 21 July 2032.
Legal Topics
['aggravated Sexual Intercourse Without Consent' 'sexual Intercourse Without Consent' 'kidnapping' 'common Assault' 'malicious Damage to Property' 'contravention of Apprehended Domestic Violence Order' 'standard Non Parole Periods' 'domestic Violence' 'aboriginality']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse Without Consent' 'sexual Intercourse Without Consent' 'kidnapping' 'common Assault' 'malicious Damage to Property' 'contravention of Apprehended Domestic Violence Order' 'standard Non Parole Periods' 'domestic Violence' 'aboriginality']

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Procedural Posture

Criminal Sentencing / Sentence Following Trial Convictions, With Related Offences Dealt With Under S.166 of the Criminal Procedure Act 1986 and Form 1 Offences Taken Into Account

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's convictions for common assault, entering a dwelling house with intent to commit a serious indictable offence in circumstances of aggravation, malicious damage to property, kidnapping, sexual intercourse without consent, aggravated sexual intercourse without consent, and related offences of contravening an apprehended domestic violence order." 'Whether the offences of sexual intercourse without consent and aggravated sexual intercourse without consent warranted standard or higher non-parole periods having regard to their objective seriousness.' "How the offender's prior violence towards the complainant, lack of remorse, poor prospects of rehabilitation, danger to the complainant, Form 1 offences, and Aboriginality should be taken into account in sentencing." 'Whether additional punishment should be imposed for the offences referred under s.166 of the Criminal Procedure Act 1986.']

Ratio Decidendi

The offences were grave, repeated, violent and degrading violations of the complainant's rights, involving kidnapping and multiple rapes in the context of a long campaign of domestic violence. The offender had no remorse, poor prospects of rehabilitation, a history of ignoring apprehended domestic violence orders and prior sentences, and posed a continuing danger to the complainant. The sexual offences were at least above mid-range seriousness, with Count 7 worse than Count 10, but partial accumulation was required to avoid an excessive overall sentence. Additional but limited punishment was warranted for the s.166 contraventions of apprehended domestic violence orders.

Court Disposition

Offender sentenced to an effective non-parole period of 21 years and a head sentence of 27 years; eligible for parole on 21 July 2028 and to be released from all forms of custody on 21 July 2032.

Orders

  • ['Count 1, common assault: non-parole period of 1 year from 22 July 2005 to 21 July 2006; balance from 22 July 2006 to 21 July 2007.' 'Count 2, entering a dwelling house with intent to commit a serious indictable offence, to wit, intimidation, in circumstances of aggravation: non-parole period of 3 years from 22...