R v Attwater; R v Maris [2017] NSWSC 1710

R v Attwater; R v Maris [2017] NSWSC 1710

Both offenders committed objectively serious acts: Attwater’s aggravated sexual assault and manslaughter occurred during non-consensual intercourse with an unconscious or severely intoxicated woman, while Maris’s oral intercourse occurred under the same conditions, plus he destroyed evidence to hinder investigation. Both acted with high moral culpability; absence of remorse and lack of insight limited mitigation, and only moderate reduction in sentence was warranted for delay in prosecution. Long aggregate custodial sentences were required for both deterrence and denunciation.

Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Attwater: aggregate term of imprisonment 19 years from 5 September 2017, non-parole 14 years 3 months. Maris: aggregate term of imprisonment 9 years from 5 September 2017, non-parole 6 years 9 months.
Legal Topics
['sentencing' 'manslaughter' 'aggravated Sexual Assault' 'hindering Investigation' 'consent' 'intoxication' 'delay in Prosecution' 'non Parole Period']
['criminal Law'] ['sentencing' 'manslaughter' 'aggravated Sexual Assault' 'hindering Investigation' 'consent' 'intoxication' 'delay in Prosecution' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['Whether the sexual intercourse was non-consensual and whether the offenders knew of lack of consent' 'Whether the degree of intoxication negated the capacity for consent' 'Objective seriousness of offences and moral culpability' 'Impact of delay in prosecution on sentencing' 'Appropriate aggregate sentences considering totality and non-parole periods']

Ratio Decidendi

Both offenders committed objectively serious acts: Attwater’s aggravated sexual assault and manslaughter occurred during non-consensual intercourse with an unconscious or severely intoxicated woman, while Maris’s oral intercourse occurred under the same conditions, plus he destroyed evidence to hinder investigation. Both acted with high moral culpability; absence of remorse and lack of insight limited mitigation, and only moderate reduction in sentence was warranted for delay in prosecution. Long aggregate custodial sentences were required for both deterrence and denunciation.

Court Disposition

Attwater: aggregate term of imprisonment 19 years from 5 September 2017, non-parole 14 years 3 months. Maris: aggregate term of imprisonment 9 years from 5 September 2017, non-parole 6 years 9 months.

Orders

  • ['Attwater: aggregate sentence of 19 years imprisonment to commence 5 September 2017, non-parole period 14 years 3 months; eligible for parole 4 December 2031; sentence expires 4 September 2036.' 'Maris: aggregate sentence of 9 years imprisonment to commence 5 September 2017, non-parole period 6 years 9 months;...