R v Leigh PATTINSON [2022] NSWDC 475

R v Leigh PATTINSON [2022] NSWDC 475

The offence was a serious example of choking under s 37(1) because, after all sexual activity had ceased and after DW had used the safe word and was bleeding and injured in her own home, the offender knowingly persisted in choking her without consent until she lost consciousness, exposing her to a potentially life-threatening event. The seriousness of the offence, the need for general deterrence and denunciation, and the absence of any reduction in moral culpability required a sentence of imprisonment exceeding two years, making an intensive correction order unavailable. The offender's limited record, general good character, remorse, low risk of reoffending, prospects of rehabilitation,...

Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Criminal Sentencing / Sentence After Trial; Offender Found Guilty on Count 9 and Not Guilty on Counts 1 to 8
Outcome
Offender convicted on count 9 and sentenced to 2 years and 6 months imprisonment, with a non-parole period of 1 year and 6 months and a balance of term of 12 months.
Legal Topics
['choking, Suffocation or Strangulation' 'domestic Violence Offence' "aggravating Factor: Offence Committed in Victim's Home" 'non Parole Period' 'apprehended Domestic Violence Order']
['criminal Law' 'sentencing'] ['choking, Suffocation or Strangulation' 'domestic Violence Offence' "aggravating Factor: Offence Committed in Victim's Home" 'non Parole Period' 'apprehended Domestic Violence Order']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Trial; Offender Found Guilty on Count 9 and Not Guilty on Counts 1 to 8

Legal Issues

  1. 1 ['What sentence should be imposed for intentionally choking DW and being reckless as to rendering her unconscious under s 37(1) of the Crimes Act 1900 (NSW).' 'Whether the offence required a sentence of imprisonment or could be dealt with without imprisonment or by an intensive correction order.' 'The objective seriousness of choking the victim to unconsciousness after sexual activity had ceased, while she was injured and in her home, and while the offender knew she did not consent.' "Whether the aggravating factor that the offence was committed in the victim's home was established." "Whether the offender's subjective circumstances, remorse, prospects of rehabilitation, lack of prior custody and COVID-19 prison conditions justified special circumstances."]

Ratio Decidendi

The offence was a serious example of choking under s 37(1) because, after all sexual activity had ceased and after DW had used the safe word and was bleeding and injured in her own home, the offender knowingly persisted in choking her without consent until she lost consciousness, exposing her to a potentially life-threatening event. The seriousness of the offence, the need for general deterrence and denunciation, and the absence of any reduction in moral culpability required a sentence of imprisonment exceeding two years, making an intensive correction order unavailable. The offender's limited record, general good character, remorse, low risk of reoffending, prospects of rehabilitation,...

Court Disposition

Offender convicted on count 9 and sentenced to 2 years and 6 months imprisonment, with a non-parole period of 1 year and 6 months and a balance of term of 12 months.

Orders

  • ['Impose a sentence of 2 years and 6 months imprisonment, consisting of a non-parole period of 1 year and 6 months and a balance of term of 12 months.' 'The sentence commences on 27 May 2022 and expires on 26 November 2024; the non-parole period expires on 26 November 2023.' "The offence is to be recorded on the...