R v Murray [2015] NSWDC 286

R v Murray [2015] NSWDC 286

The offender's aggravated sexual assault was a forceful, vicious and determined attack on a vulnerable victim, accompanied by robbery, and was objectively very serious. His prior violent and sexual offending, limited insight, high assessed risk of re-offending and the need to protect society required a substantial custodial sentence. His early guilty plea warranted a discount of about 25%, but there were no special circumstances. The robbery sentence was ordered to be served concurrently on totality grounds because it occurred at the end of the sexual assault.

Jurisdiction
Australia
Judgment Date
25 February 2015
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
Offender sentenced to a head sentence of 12 years imprisonment with a non-parole period of nine years; four further matters on the form 1 were taken into account.
Legal Topics
['aggravated Sexual Intercourse Without Consent' 'robbery' 'objective Seriousness' 'prior Convictions' 'protection of Society' 'risk of Re Offending' 'guilty Plea Discount' 'totality']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse Without Consent' 'robbery' 'objective Seriousness' 'prior Convictions' 'protection of Society' 'risk of Re Offending' 'guilty Plea Discount' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated sexual intercourse without consent contrary to s 61J and robbery contrary to s 94.' "The objective seriousness of the aggravated sexual assault, including the force used, the victim's vulnerability and the impact on the victim." "Whether the offender's prior conviction for aggravated sexual assault with the use of a weapon was an aggravating factor." 'Whether protection of society and risk of re-offending should be reflected in the sentence.' "The effect of the offender's guilty plea and whether a utilitarian discount should be allowed." 'Whether special circumstances existed and how totality should be applied to the robbery sentence.']

Ratio Decidendi

The offender's aggravated sexual assault was a forceful, vicious and determined attack on a vulnerable victim, accompanied by robbery, and was objectively very serious. His prior violent and sexual offending, limited insight, high assessed risk of re-offending and the need to protect society required a substantial custodial sentence. His early guilty plea warranted a discount of about 25%, but there were no special circumstances. The robbery sentence was ordered to be served concurrently on totality grounds because it occurred at the end of the sexual assault.

Court Disposition

Offender sentenced to a head sentence of 12 years imprisonment with a non-parole period of nine years; four further matters on the form 1 were taken into account.

Orders

  • ['In respect of the charge of robbery, sentenced to a fixed term of imprisonment of two years to date from 31 March 2014 and to expire on 30 March 2016.' 'No non-parole period was specified for the robbery sentence as it was subsumed in the sentence for aggravated sexual assault.' 'In respect of the charge of...