R v Grech (a pseudonym) [2022] NSWDC 721

R v Grech (a pseudonym) [2022] NSWDC 721

The offending was serious, repeated and occurred within a domestic relationship, involving sexual violence, coercive control, breach of trust, degradation, pain and humiliation of a vulnerable cancer survivor, together with possession of child abuse material. Taking into account the guilty plea discounts, Form 1 matters, victim impact, need for denunciation, punishment and deterrence, and mitigating factors including ill health, vulnerability in custody, prior good character and family support, an aggregate sentence of 8 years imprisonment with a non-parole period of 5 years was just and appropriate.

Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Aggregate sentence of 8 years imprisonment with a non-parole period of 5 years imposed.
Legal Topics
['sexual Intercourse Without Consent' 'domestic Violence' 'intentionally Choke Person Without Consent' 'possession of Child Abuse Material' 'late Guilty Plea Discount' 'form 1 Matters' 'victim Impact Statement' 'ill Health in Custody']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'domestic Violence' 'intentionally Choke Person Without Consent' 'possession of Child Abuse Material' 'late Guilty Plea Discount' 'form 1 Matters' 'victim Impact Statement' 'ill Health in Custody']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for three counts of sexual intercourse without consent in a domestic violence context, one count of intentionally choking a person without consent, and one count of possessing child abuse material.' "What discounts should be allowed for the offender's guilty pleas, including a late plea affected by court listing arrangements." 'How Form 1 matters should affect the sentences for Counts 3 and 4.' 'How the victim impact statement, domestic violence context, breach of trust, victim vulnerability, prior good character, family support, ill health, custody conditions and prospects of rehabilitation should be weighed.']

Ratio Decidendi

The offending was serious, repeated and occurred within a domestic relationship, involving sexual violence, coercive control, breach of trust, degradation, pain and humiliation of a vulnerable cancer survivor, together with possession of child abuse material. Taking into account the guilty plea discounts, Form 1 matters, victim impact, need for denunciation, punishment and deterrence, and mitigating factors including ill health, vulnerability in custody, prior good character and family support, an aggregate sentence of 8 years imprisonment with a non-parole period of 5 years was just and appropriate.

Court Disposition

Aggregate sentence of 8 years imprisonment with a non-parole period of 5 years imposed.

Orders

  • ['Indictment Count 1, sexual intercourse without consent (DV): indicated sentence of 3 years 7 months with a non-parole period of 2 years 4 months.' 'Indictment Count 2, sexual intercourse without consent (DV): indicated sentence of 4 years 6 months with a non-parole period of 2 years 11 months.' 'Indictment Count...