R v Evatt (a pseudonym) [2024] NSWDC 113

R v Evatt (a pseudonym) [2024] NSWDC 113

The offending was in the high mid range of objective seriousness: it occurred in the victim's home at 2 AM after the offender deliberately discovered her address, involved domination, control, intimidation, threats, actual knowledge of non-consent, multiple sexual acts over about two hours, substantial harm, and breach of an ADVO. The offender's remorse was accepted as genuine, but rehabilitation prospects were guarded and significant general and specific deterrence, denunciation, punishment, accountability and recognition of harm were required. Applying the Form 1 procedure, totality, concurrency for a single course of conduct, a 10% plea discount and modest special circumstances, an...

Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Criminal Sentence / Reasons on Sentence Following Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment, and a final apprehended domestic violence order was made for the protection of X.
Legal Topics
['contravene Apprehended Domestic Violence Order' 'sexual Intercourse Without Consent' 'enter Building With Intent to Commit an Indictable Offence' 'form 1 Procedure' 'aggregate Sentence' 'totality' 'special Circumstances']
['criminal Law' 'sentencing' 'domestic and Family Violence' 'sexual Offences'] ['contravene Apprehended Domestic Violence Order' 'sexual Intercourse Without Consent' 'enter Building With Intent to Commit an Indictable Offence' 'form 1 Procedure' 'aggregate Sentence' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Reasons on Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of sexual intercourse without consent, one count of entering a building with intent to commit an indictable offence, and a summary offence of contravening an apprehended domestic violence order.' 'How the further Form 1 offence of sexual intercourse without consent should affect the sentence for count 3.' 'How the objective seriousness, aggravating features, subjective circumstances, remorse, prospects of rehabilitation, deterrence, denunciation, totality and special circumstances should be assessed.']

Ratio Decidendi

The offending was in the high mid range of objective seriousness: it occurred in the victim's home at 2 AM after the offender deliberately discovered her address, involved domination, control, intimidation, threats, actual knowledge of non-consent, multiple sexual acts over about two hours, substantial harm, and breach of an ADVO. The offender's remorse was accepted as genuine, but rehabilitation prospects were guarded and significant general and specific deterrence, denunciation, punishment, accountability and recognition of harm were required. Applying the Form 1 procedure, totality, concurrency for a single course of conduct, a 10% plea discount and modest special circumstances, an...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment, and a final apprehended domestic violence order was made for the protection of X.

Orders

  • ['Of the three counts on the indictment and the offence on the section 166 certificate the offender is convicted.' 'The indicative sentences have been set out above with the Form 1 matter being taken into account in respect of count 3.' 'The offender is sentenced to an aggregate term of imprisonment with a...