R v WB [2023] NSWDC 516

R v WB [2023] NSWDC 516

The offence was well above the mid range of objective seriousness because the offender commenced penile-vaginal intercourse while the victim was asleep and vulnerable, continued after she clearly said no, ejaculated twice, and caused the victim to become pregnant; the offender had actual knowledge of lack of consent. His recent convictions disentitled him to leniency based on good character, and because he maintained innocence and had recent serious sexual offence convictions the Court could not find good prospects of rehabilitation or that he was unlikely to reoffend. Imprisonment was the only appropriate penalty, but physical difficulties and the fact this was his first custodial...

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal Sentencing for Sexual Intercourse Without Consent / Sentence After Jury Verdict of Guilty
Outcome
The offender was convicted and sentenced to 8 years imprisonment with a non-parole period of 5 years 3 months.
Legal Topics
['sexual Intercourse Without Consent' 'actual Knowledge of Lack of Consent' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances' 'prospects of Rehabilitation' 'victim Harm' 'pregnancy Resulting From Offence']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'actual Knowledge of Lack of Consent' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances' 'prospects of Rehabilitation' 'victim Harm' 'pregnancy Resulting From Offence']

Case Brief

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Procedural Posture

Criminal Sentencing for Sexual Intercourse Without Consent / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for one count of sexual intercourse without consent contrary to s 61I, Crimes Act.' 'How the objective seriousness of the offence should be assessed, including that the victim was asleep when intercourse began, the offender ejaculated twice, and the victim became pregnant.' "Whether the Crown aggravating factor that the offending occurred in the offender's home should be taken into account separately." 'Whether the offender had good prospects of rehabilitation and was unlikely to reoffend.' 'Whether special circumstances justified varying the statutory ratio between the non-parole period and the parole period.']

Ratio Decidendi

The offence was well above the mid range of objective seriousness because the offender commenced penile-vaginal intercourse while the victim was asleep and vulnerable, continued after she clearly said no, ejaculated twice, and caused the victim to become pregnant; the offender had actual knowledge of lack of consent. His recent convictions disentitled him to leniency based on good character, and because he maintained innocence and had recent serious sexual offence convictions the Court could not find good prospects of rehabilitation or that he was unlikely to reoffend. Imprisonment was the only appropriate penalty, but physical difficulties and the fact this was his first custodial...

Court Disposition

The offender was convicted and sentenced to 8 years imprisonment with a non-parole period of 5 years 3 months.

Orders

  • ['WB, in relation to one offence of sexual intercourse without consent, you are convicted.' 'You are sentenced to a non parole period of 5 years 3 months imprisonment to date from 7 March 2023 to expire on 6 June 2028 with a balance of term of 2 years 9 months to expire on 6 March 2031.' 'The total term of the...