R v Golding [2021] NSWDC 322

R v Golding [2021] NSWDC 322

The offences were towards the higher end of the low range of objective gravity, aggravated by being committed in the victim's home, and required full-time imprisonment. The offender actually knew the victim did not consent to the first and second offences, and for the third and fourth offences lacked reasonable grounds for belief in consent or was reckless. His background did not materially reduce culpability under Bugmy, he had limited remorse and only reasonable rehabilitation prospects, but he received modest leniency for general good character, a 3% discount for facilitating the administration of justice, substantial notional concurrency because the offences formed one short course of...

Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Criminal Sentencing for Sexual Assault Offences Contrary to S 61 I of the Crimes Act 1900 (nsw) / Sentence Following Jury Verdicts of Guilt on Indictment
Outcome
The offender was convicted on counts 1, 2, 3 and 4 and sentenced to an aggregate term of full-time imprisonment for 4 years with a non-parole period of 2 years, 4 months and 25 days.
Legal Topics
['sexual Assault' 'consent' 'knowledge of Lack of Consent' 'objective Gravity' 'aggravating Factors' 'victim Impact' 'good Character' 'remorse' 'facilitating the Administration of Justice' 'rehabilitation' 'totality' 'special Circumstances' 'full Time Imprisonment']
['criminal Law' 'sentencing'] ['sexual Assault' 'consent' 'knowledge of Lack of Consent' 'objective Gravity' 'aggravating Factors' 'victim Impact' 'good Character' 'remorse' 'facilitating the Administration of Justice' 'rehabilitation' 'totality' 'special Circumstances' 'full Time Imprisonment']

Case Brief

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Procedural Posture

Criminal Sentencing for Sexual Assault Offences Contrary to S 61 I of the Crimes Act 1900 (nsw) / Sentence Following Jury Verdicts of Guilt on Indictment

Legal Issues

  1. 1 ['What facts should be found for sentence consistently with the jury verdicts and the criminal and civil standards applicable to disputed facts.' "What was the objective gravity of each sexual assault, including the offender's state of mind as to lack of consent." "Whether commission of the offences in the victim's home aggravated the offending." 'What weight should be given to the victim impact statement.' "Whether the offender's background engaged the principles in Bugmy v The Queen (2013) 249 CLR 571." 'Whether the offender should receive leniency for antecedents and good character despite a later assault offence.' 'Whether the offender had genuine remorse or insight into the offending.' 'Whether a discount should be allowed for facilitating the administration of justice.' 'What sentence, concurrency, non-parole period and special circumstances were appropriate.']

Ratio Decidendi

The offences were towards the higher end of the low range of objective gravity, aggravated by being committed in the victim's home, and required full-time imprisonment. The offender actually knew the victim did not consent to the first and second offences, and for the third and fourth offences lacked reasonable grounds for belief in consent or was reckless. His background did not materially reduce culpability under Bugmy, he had limited remorse and only reasonable rehabilitation prospects, but he received modest leniency for general good character, a 3% discount for facilitating the administration of justice, substantial notional concurrency because the offences formed one short course of...

Court Disposition

The offender was convicted on counts 1, 2, 3 and 4 and sentenced to an aggregate term of full-time imprisonment for 4 years with a non-parole period of 2 years, 4 months and 25 days.

Orders

  • ['The offender is convicted of the offences on counts 1, 2, 3 and 4 on the indictment.' 'The offender is sentenced to an aggregate term of imprisonment for 4 years, commencing on 11 July 2021 and ending on 10 July 2025, with a non-parole period of 2 years, 4 months and 25 days expiring on 5 December 2023, after...