R v Coleman [2019] NSWDC 285

R v Coleman [2019] NSWDC 285

Given the objective seriousness of the offending, which fell in the mid-range for offences of this type, the significant lifelong impact on the victim, and having weighed against the offender's deprived background, psychiatric disorders, lack of remorse, and previous convictions, a sentence of six years' imprisonment (with a four-year non-parole period) was proportionate and warranted to achieve deterrence, denunciation, and recognition of harm, and full-time custody was required.

Parties
Crown: Regina; Offender: Ronald Coleman
Jurisdiction
Australia
Judgment Date
21 January 2019
Procedural Posture
Criminal / Sentencing After Judge Alone Trial and Conviction
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Sexual Intercourse Without Consent, Historical Sexual Offence
Criminal Law Sentencing Sexual Intercourse Without Consent Historical Sexual Offence

Case Brief

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Parties

Regina

Crown

Ronald Coleman

Offender

Procedural Posture

Criminal / Sentencing After Judge Alone Trial and Conviction

Legal Issues

  1. 1 What is the appropriate sentence for a historical offence of sexual intercourse without consent under s61I of the Crimes Act 1900?

Ratio Decidendi

Given the objective seriousness of the offending, which fell in the mid-range for offences of this type, the significant lifelong impact on the victim, and having weighed against the offender's deprived background, psychiatric disorders, lack of remorse, and previous convictions, a sentence of six years' imprisonment (with a four-year non-parole period) was proportionate and warranted to achieve deterrence, denunciation, and recognition of harm, and full-time custody was required.

Court Disposition

Convicted and sentenced

Orders

  • Convicted of sexual intercourse without consent under s61I of the Crimes Act.
  • Sentenced to six years' imprisonment commencing 27 May 2018, expiring 26 May 2024.