R v Keane [2019] NSWDC 941

R v Keane [2019] NSWDC 941

The offender was sentenced for sexual intercourse without consent, with the Court finding that the victim was intoxicated and unable to consent, and that the offender, as manager of the hostel where the victim resided, took advantage of her vulnerability. Aggravating factors included the abuse of trust and the offence being committed in the victim's residence. The Court found special circumstances justifying a reduction in the non-parole period due to the offender's first time in custody, service of part of his sentence in protective custody, and the ill-health of his father in Scotland.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Criminal / Sentence After Jury Trial and Conviction
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['sexual Offences' 'sentencing' 'sexual Intercourse Without Consent' 'abuse of Position' 'victim Impact' 'protective Custody']
['criminal Law'] ['sexual Offences' 'sentencing' 'sexual Intercourse Without Consent' 'abuse of Position' 'victim Impact' 'protective Custody']

Case Brief

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Procedural Posture

Criminal / Sentence After Jury Trial and Conviction

Legal Issues

  1. 1 ['Appropriate sentence for sexual intercourse without consent' 'Aggravating and mitigating factors in sentencing for sexual offences' "Assessment of offender's risk of re-offending" 'Consideration of special circumstances in sentencing']

Ratio Decidendi

The offender was sentenced for sexual intercourse without consent, with the Court finding that the victim was intoxicated and unable to consent, and that the offender, as manager of the hostel where the victim resided, took advantage of her vulnerability. Aggravating factors included the abuse of trust and the offence being committed in the victim's residence. The Court found special circumstances justifying a reduction in the non-parole period due to the offender's first time in custody, service of part of his sentence in protective custody, and the ill-health of his father in Scotland.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['Offender sentenced to 3 years and 6 months imprisonment.' 'Non-parole period: 2 years, commencing 20 May 2019 and expiring 19 May 2021.' 'Balance of term: 1 year and 6 months, commencing 20 May 2021 and expiring 19 November 2022.' "Special circumstances found due to first period in custody, being held in...