R v Bates [2024] NSWDC 291

R v Bates [2024] NSWDC 291

The court found that both acts of sexual intercourse were committed without the victim's consent, that the offender had actual knowledge of non-consent, and that the offending was of mid-range objective seriousness. A term of full-time imprisonment was the only appropriate sentence. Aggregate sentencing principles, totality, concurrency and cumulation were considered, resulting in a 7-year aggregate sentence with a non-parole period of 4 years 3 months.

Jurisdiction
Australia
Judgment Date
30 May 2024
Procedural Posture
Criminal / Sentencing Judgment After Conviction by Jury
Outcome
Offender convicted on both counts and sentenced to an aggregate term of imprisonment of 7 years, with a non-parole period of 4 years 3 months.
Legal Topics
['sexual Offences' 'sentencing' 'consent' 'objective Seriousness' 'mitigating and Aggravating Factors']
['criminal Law'] ['sexual Offences' 'sentencing' 'consent' 'objective Seriousness' 'mitigating and Aggravating Factors']

Case Brief

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Procedural Posture

Criminal / Sentencing Judgment After Conviction by Jury

Legal Issues

  1. 1 ['What is the appropriate sentence for two counts of sexual intercourse without consent under section 61I of the Crimes Act 1900 (NSW)?' 'How should the court assess the objective seriousness of the offending?' 'What relevance do subjective circumstances, including mental health and prior record, have to sentence?' 'Should the sentences for multiple offences be concurrent or cumulative?']

Ratio Decidendi

The court found that both acts of sexual intercourse were committed without the victim's consent, that the offender had actual knowledge of non-consent, and that the offending was of mid-range objective seriousness. A term of full-time imprisonment was the only appropriate sentence. Aggregate sentencing principles, totality, concurrency and cumulation were considered, resulting in a 7-year aggregate sentence with a non-parole period of 4 years 3 months.

Court Disposition

Offender convicted on both counts and sentenced to an aggregate term of imprisonment of 7 years, with a non-parole period of 4 years 3 months.

Orders

  • ['Count 1: term of imprisonment of 5 years 8 months, with a non-parole period of 3 years 6 months.' 'Count 2: term of imprisonment of 5 years 6 months, with a non-parole period of 3 years 4 months.' 'Aggregate term of imprisonment of 7 years, with a non-parole period of 4 years 3 months.' 'Sentence commences on 9...