R v Junior [2020] NSWDC 568

R v Junior [2020] NSWDC 568

The offending was a single escalating course of opportunistic and predatory sexual conduct against a vulnerable victim, with the offender reckless as to consent. Counts 1 and 3 were in the upper part of the low range and Count 2 in the middle-low range. Imprisonment was the only appropriate penalty, with an aggregate sentence required by totality. The offender's immigration detention was not custody in relation to the offences for s 47(3) because it also resulted from his unlawful status and dealings with the Department, but its factual connection with the pending proceedings and high security character constituted a special circumstance warranting a substantial reduction of the...

Jurisdiction
Australia
Judgment Date
08 September 2020
Procedural Posture
Sentence / Sentencing After Trial and Conviction on 3 Counts of Sexual Intercourse Without Consent
Outcome
The offender was convicted on Counts 1, 2 and 3 and sentenced to an aggregate term of imprisonment of 3 years and 3 months with a non-parole period expiring on 8 August 2021.
Legal Topics
['sexual Intercourse Without Consent' 'digital Penetration' 'objective Seriousness' 'special Circumstances' 'immigration Detention' 'non Parole Period' 'totality' 'recklessness as to Consent']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'digital Penetration' 'objective Seriousness' 'special Circumstances' 'immigration Detention' 'non Parole Period' 'totality' 'recklessness as to Consent']

Case Brief

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Procedural Posture

Sentence / Sentencing After Trial and Conviction on 3 Counts of Sexual Intercourse Without Consent

Legal Issues

  1. 1 ["What facts should be found consistently with the jury verdicts for sentence, including the offender's knowledge that the victim was not consenting." 'The objective seriousness of each count of sexual intercourse without consent.' "Whether the offender's immigration detention should be treated as custody in relation to the offences for backdating or as a special circumstance affecting the non-parole period." 'The appropriate aggregate sentence and non-parole period having regard to totality, rehabilitation, deterrence, remorse and special circumstances.']

Ratio Decidendi

The offending was a single escalating course of opportunistic and predatory sexual conduct against a vulnerable victim, with the offender reckless as to consent. Counts 1 and 3 were in the upper part of the low range and Count 2 in the middle-low range. Imprisonment was the only appropriate penalty, with an aggregate sentence required by totality. The offender's immigration detention was not custody in relation to the offences for s 47(3) because it also resulted from his unlawful status and dealings with the Department, but its factual connection with the pending proceedings and high security character constituted a special circumstance warranting a substantial reduction of the...

Court Disposition

The offender was convicted on Counts 1, 2 and 3 and sentenced to an aggregate term of imprisonment of 3 years and 3 months with a non-parole period expiring on 8 August 2021.

Orders

  • ['The offender is convicted on Counts 1, 2 and 3.' 'The offender, Usman Junior, is sentenced to a term of imprisonment of 3 years and 3 months commencing on 9 February 2020 and expiring on 8 May 2023.' 'The non-parole period is to expire on 8 August 2021 and the balance term is to expire on 8 May 2023.' 'I direct...