R v Hines [2020] NSWDC 511

R v Hines [2020] NSWDC 511

The offence was objectively serious and below the mid-range but towards the lower range for s 61I offences, aggravated by occurring in the victim's home and bed while she was asleep. Full-time imprisonment was required, but the offender's early guilty plea, remorse, youth, Aboriginal background and childhood deprivation, lack of prior criminal history, good prospects of rehabilitation, low risk of similar reoffending, first term of imprisonment and pandemic-related custody restrictions justified a two-year head sentence with a 12-month non-parole period and departure from the standard non-parole period.

Jurisdiction
Australia
Judgment Date
30 July 2020
Procedural Posture
Criminal Sentence for Sexual Intercourse Without Consent / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for two years with a non-parole period of 12 months.
Legal Topics
['sexual Intercourse Without Consent' 'objective Seriousness' 'guilty Plea Discount' 'intoxication' 'aboriginal Offender and Deprived Childhood' 'youth and Rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'objective Seriousness' 'guilty Plea Discount' 'intoxication' 'aboriginal Offender and Deprived Childhood' 'youth and Rehabilitation' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Sexual Intercourse Without Consent / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for an offence under s 61I of the Crimes Act 1900 (NSW).' 'How the objective seriousness of the offence should be assessed.' "What weight should be given to the offender's early guilty plea, remorse, youth, Aboriginal background, deprived childhood, lack of prior criminal history and prospects of rehabilitation." 'Whether special circumstances justified varying the ordinary ratio between the non-parole period and head sentence.']

Ratio Decidendi

The offence was objectively serious and below the mid-range but towards the lower range for s 61I offences, aggravated by occurring in the victim's home and bed while she was asleep. Full-time imprisonment was required, but the offender's early guilty plea, remorse, youth, Aboriginal background and childhood deprivation, lack of prior criminal history, good prospects of rehabilitation, low risk of similar reoffending, first term of imprisonment and pandemic-related custody restrictions justified a two-year head sentence with a 12-month non-parole period and departure from the standard non-parole period.

Court Disposition

Offender convicted and sentenced to imprisonment for two years with a non-parole period of 12 months.

Orders

  • ['Convict the offender.' "Impose a head sentence of two years' imprisonment." 'Set a non-parole period of 12 months.' 'The sentence will date from 30 July 2020.' 'The head sentence will expire on 29 July 2022.' 'The non-parole period will expire on 29 July 2021.']