R v Robert Keith King [2007] NSWDC 306

R v Robert Keith King [2007] NSWDC 306

A sentence of five years and ten months imprisonment was imposed after considering the offence's seriousness, aggravating and mitigating factors, the offender's criminal history and personal circumstances, psychiatric reports, victim impact, and the utilitarian value of the late guilty plea. Special circumstances were found only to the limited extent of adjusting for an overlapping sentence.

Jurisdiction
Australia
Judgment Date
08 August 2007
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
The offender is convicted and sentenced to imprisonment.
Legal Topics
['sentence' 'sexual Assault Without Consent']
['criminal Law'] ['sentence' 'sexual Assault Without Consent']

Case Brief

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate sentence for sexual intercourse without consent under s 61I Crimes Act 1900?' 'Whether special circumstances exist justifying variation of the standard non-parole period.' 'Consideration of aggravating and mitigating factors in sentencing.']

Ratio Decidendi

A sentence of five years and ten months imprisonment was imposed after considering the offence's seriousness, aggravating and mitigating factors, the offender's criminal history and personal circumstances, psychiatric reports, victim impact, and the utilitarian value of the late guilty plea. Special circumstances were found only to the limited extent of adjusting for an overlapping sentence.

Court Disposition

The offender is convicted and sentenced to imprisonment.

Orders

  • ['Non-parole period of 4 years and 3 months commencing 1 March 2006 and expiring 30 May 2010.' 'Balance of sentence is 1 year and 7 months, with expiration date 30 December 2012.']