R v Alenezi [2021] NSWDC 718

R v Alenezi [2021] NSWDC 718

The offender's sexual exploitation of a heavily intoxicated and vulnerable young woman, including the additional Form 1 offence, was above the middle range of objective seriousness. Although the sentence proceeded on the basis that the offender was reckless as to consent and he received a 25% discount for the guilty plea, the Court rejected the characterisation of the offending as opportunistic or low range and rejected a causal link between PTSD or alcohol and the offending. A substantial term of imprisonment was required for punishment, general deterrence, accountability and denunciation, but special circumstances justified reducing the non-parole period to allow a longer parole period...

Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Criminal Sentence for Sexual Intercourse Without Consent Contrary to S 61 I Crimes Act 1900 / Sentence After Guilty Plea in the Local Court, With an Additional Offence Taken Into Account on a Form 1
Outcome
The offender was sentenced to imprisonment for 7 years and 6 months with a non-parole period of 5 years, commencing on 11 November 2019.
Legal Topics
['sexual Intercourse Without Consent' 'recklessness as to Consent' 'standard Non Parole Period' 'form 1 Offence' 'victim Vulnerability by Intoxication' 'guilty Plea Discount' 'special Circumstances' 'post Traumatic Stress Disorder and Moral Culpability']
['criminal Law' 'sentencing' 'sexual Offences'] ['sexual Intercourse Without Consent' 'recklessness as to Consent' 'standard Non Parole Period' 'form 1 Offence' 'victim Vulnerability by Intoxication' 'guilty Plea Discount' 'special Circumstances' 'post Traumatic Stress Disorder and Moral Culpability']

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Procedural Posture

Criminal Sentence for Sexual Intercourse Without Consent Contrary to S 61 I Crimes Act 1900 / Sentence After Guilty Plea in the Local Court, With an Additional Offence Taken Into Account on a Form 1

Legal Issues

  1. 1 ['What sentence should be imposed for sexual intercourse without consent contrary to s 61I Crimes Act 1900.' 'What effect the additional sexual intercourse without consent offence on the Form 1 should have on sentence.' "How to assess the objective seriousness of the offending, including the victim's intoxication, vulnerability, and the offender's recklessness as to consent." "Whether the offender's mental health, personal history, alcohol consumption, remorse, rehabilitation prospects and family circumstances mitigated sentence or reduced moral culpability." 'Whether special circumstances justified a non-parole period shorter than the statutory ratio.']

Ratio Decidendi

The offender's sexual exploitation of a heavily intoxicated and vulnerable young woman, including the additional Form 1 offence, was above the middle range of objective seriousness. Although the sentence proceeded on the basis that the offender was reckless as to consent and he received a 25% discount for the guilty plea, the Court rejected the characterisation of the offending as opportunistic or low range and rejected a causal link between PTSD or alcohol and the offending. A substantial term of imprisonment was required for punishment, general deterrence, accountability and denunciation, but special circumstances justified reducing the non-parole period to allow a longer parole period...

Court Disposition

The offender was sentenced to imprisonment for 7 years and 6 months with a non-parole period of 5 years, commencing on 11 November 2019.

Orders

  • ['The offender was convicted of the principal offence of sexual intercourse without consent contrary to s 61I Crimes Act 1900.' 'The Court certified that it had taken into account the additional offence on the Form 1.' 'The offender was sentenced to a non-parole period of imprisonment of 5 years commencing on 11...