R v Profilio [2024] NSWDC 241

R v Profilio [2024] NSWDC 241

The offender was convicted after trial of sexual intercourse without consent and affray. Given the objective seriousness, drugs involvement, position under supervision, and his ongoing denial of offending, but also considering his addiction and need for rehabilitation, the Court imposed an aggregate sentence of 7 years’ imprisonment (NPP 4 years 9 months). Special circumstances were found to warrant a longer parole period for rehabilitation regarding drug addiction.

Parties
Prosecutor: Rex; Accused: Tyson Profilio
Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Criminal / Sentencing After Trial
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sexual Intercourse Without Consent, Affray, Sentencing, Objective Seriousness of Offences, Breach of Intensive Correction Order, Subjective Circumstances
Criminal Law Sexual Intercourse Without Consent Affray Sentencing Objective Seriousness of Offences Breach of Intensive Correction Order Subjective Circumstances

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Parties

Rex

Prosecutor

Tyson Profilio

Accused

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Appropriate sentence for sexual intercourse without consent under Crimes Act 1900 s 61I
  2. 2 Appropriate sentence for affray under Crimes Act 1900 s 93C(1)
  3. 3 Consideration of objective seriousness and aggravating/mitigating circumstances in sentencing

Ratio Decidendi

The offender was convicted after trial of sexual intercourse without consent and affray. Given the objective seriousness, drugs involvement, position under supervision, and his ongoing denial of offending, but also considering his addiction and need for rehabilitation, the Court imposed an aggregate sentence of 7 years’ imprisonment (NPP 4 years 9 months). Special circumstances were found to warrant a longer parole period for rehabilitation regarding drug addiction.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • For sexual intercourse without consent: 7 years’ imprisonment, non-parole period 4 years 9 months (25 November 2023 – 24 August 2028), balance 2 years 3 months (25 August 2028 – 24 November 2030)
  • Special circumstances for longer parole period to assist rehabilitation from drug addiction