R v Jarryd Lee HAYNE [2021] NSWDC 242

R v Jarryd Lee HAYNE [2021] NSWDC 242

The offender knew the victim did not consent and nevertheless forced oral and digital sexual intercourse on her in her home. The offences were in the mid-range of objective seriousness, perhaps slightly below; the home setting aggravated the offending, intoxication did not mitigate it, and planning was not established. Although the offender had no prior convictions, had community support and contributions, and special circumstances were found, his lack of remorse and continued denial made rehabilitation prospects guarded. An aggregate sentence of imprisonment was required.

Jurisdiction
Australia
Judgment Date
06 May 2021
Procedural Posture
Criminal Sentencing / Sentence After Re Trial and Jury Findings of Guilt
Outcome
Aggregate sentence of imprisonment of five years and nine months, with a non-parole period of three years and eight months.
Legal Topics
['sexual Intercourse Without Consent' 'objective Seriousness' 'aggravating Circumstances' 'lack of Remorse' 'extra Curial Punishment' 'family Hardship' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'objective Seriousness' 'aggravating Circumstances' 'lack of Remorse' 'extra Curial Punishment' 'family Hardship' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Re Trial and Jury Findings of Guilt

Legal Issues

  1. 1 ['What facts within the parameters of the jury verdicts should be found for sentencing.' 'Whether the offender knew the victim did not consent to the sexual activity.' 'The objective seriousness of two offences of sexual intercourse without consent.' "Whether offending in the victim's home increased objective seriousness." 'Whether planning was established as a sentencing consideration.' 'The relevance of intoxication, absence of prior convictions, lack of remorse, media publicity, loss of employment, family hardship, community contribution and rehabilitation prospects.' 'Whether special circumstances justified adjustment of the non-parole period.']

Ratio Decidendi

The offender knew the victim did not consent and nevertheless forced oral and digital sexual intercourse on her in her home. The offences were in the mid-range of objective seriousness, perhaps slightly below; the home setting aggravated the offending, intoxication did not mitigate it, and planning was not established. Although the offender had no prior convictions, had community support and contributions, and special circumstances were found, his lack of remorse and continued denial made rehabilitation prospects guarded. An aggregate sentence of imprisonment was required.

Court Disposition

Aggregate sentence of imprisonment of five years and nine months, with a non-parole period of three years and eight months.

Orders

  • ['On count 1, indicative sentence of five years and three months with an indicative non-parole period of three years and four months.' 'On count 2, indicative sentence of five years and three months with an indicative non-parole period of three years and four months.' 'Aggregate sentence of five years and nine...