R v Quintyn Aloese [2018] NSWDC 210

R v Quintyn Aloese [2018] NSWDC 210

The offending was serious domestic violence related offending: the choking was below mid-range but in the upper part of the lower range, while the sexual intercourse without consent was just below mid-range but still very serious, aggravated by occurring in the victim's home and followed by humiliating conduct. The offender's symptoms consistent with Borderline Personality Disorder did not reduce moral culpability because he knew the victim did not consent and had insight into his propensity for violence. Despite significant mitigating factors including youth, no prior record, early guilty pleas, remorse, and rehabilitation prospects, only full time imprisonment was appropriate. Special...

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal / Sentence
Outcome
The offender was convicted and sentenced to full time imprisonment for a total sentence of 4 years with a non-parole period of 2 years and 9 months; parole eligibility date 28 June 2020.
Legal Topics
['sexual Intercourse Without Consent' 'intentionally Choke With Recklessness' 'domestic Violence Related Offending' 'form 1 Matters' 'totality and Proportionality' 'special Circumstances' 'full Time Imprisonment']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'intentionally Choke With Recklessness' 'domestic Violence Related Offending' 'form 1 Matters' 'totality and Proportionality' 'special Circumstances' 'full Time Imprisonment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for intentionally choke person with recklessness contrary to s 37(1) of the Crimes Act 1900 and sexual intercourse without consent contrary to s 61I of the Crimes Act 1900.' 'How the objective seriousness of the two domestic violence related offences should be assessed.' "What weight should be given to the offender's early guilty pleas, youth, lack of criminal record, remorse, rehabilitation prospects and symptoms consistent with Borderline Personality Disorder." 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.' 'How totality and proportionality should be applied where the offences formed part of the same course of criminal conduct and there were Form 1 matters.']

Ratio Decidendi

The offending was serious domestic violence related offending: the choking was below mid-range but in the upper part of the lower range, while the sexual intercourse without consent was just below mid-range but still very serious, aggravated by occurring in the victim's home and followed by humiliating conduct. The offender's symptoms consistent with Borderline Personality Disorder did not reduce moral culpability because he knew the victim did not consent and had insight into his propensity for violence. Despite significant mitigating factors including youth, no prior record, early guilty pleas, remorse, and rehabilitation prospects, only full time imprisonment was appropriate. Special...

Court Disposition

The offender was convicted and sentenced to full time imprisonment for a total sentence of 4 years with a non-parole period of 2 years and 9 months; parole eligibility date 28 June 2020.

Orders

  • ['The offender is convicted of the offence in sequence 2, intentionally choke person with recklessness (DV), pursuant to s 37(1) of the Crimes Act 1900 (NSW).' 'The offender is sentenced to a fixed term of 9 months imprisonment in respect to sequence 2, commencing on 29 September 2017.' 'The offender is convicted of...