R v Aslan [2022] NSWDC 741

R v Aslan [2022] NSWDC 741

The offender was convicted on three counts of sexual intercourse without consent under s 61I of the Crimes Act 1900, with the Court finding the offences were in the mid-range of objective seriousness given the vulnerability of the complainants (unconscious or intoxicated), emotional and psychological harm caused, the similarity of methodology (use of Couchsurfing and alcohol), and lack of remorse. The Court reduced the standard non-parole period in light of harsher prison conditions during COVID-19, the offender’s protective custody, limited community ties, and inability to contact family, sentencing him to an aggregate term of 12 years' imprisonment with a 9-year non-parole period.

Jurisdiction
Australia
Judgment Date
11 July 2022
Procedural Posture
Criminal / Sentence After Jury Conviction
Outcome
convicted and sentenced to imprisonment
Legal Topics
['sexual Offences' 'rape' 'sentencing Principles' 'standard Non Parole Period' 'victim Impact Statements' 'aggregate Sentencing' 'objective Seriousness' 'covid 19 Impact on Sentencing']
['criminal Law'] ['sexual Offences' 'rape' 'sentencing Principles' 'standard Non Parole Period' 'victim Impact Statements' 'aggregate Sentencing' 'objective Seriousness' 'covid 19 Impact on Sentencing']

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Procedural Posture

Criminal / Sentence After Jury Conviction

Legal Issues

  1. 1 ['Appropriate sentence for three counts of sexual intercourse without consent (contrary to s 61I, Crimes Act 1900)' 'Assessment of objective seriousness of the offences' 'Whether standard non-parole period should apply considering COVID-19 and protective custody hardship' 'Consideration of subjective circumstances, remorse, prospect of rehabilitation, and risk of reoffending']

Ratio Decidendi

The offender was convicted on three counts of sexual intercourse without consent under s 61I of the Crimes Act 1900, with the Court finding the offences were in the mid-range of objective seriousness given the vulnerability of the complainants (unconscious or intoxicated), emotional and psychological harm caused, the similarity of methodology (use of Couchsurfing and alcohol), and lack of remorse. The Court reduced the standard non-parole period in light of harsher prison conditions during COVID-19, the offender’s protective custody, limited community ties, and inability to contact family, sentencing him to an aggregate term of 12 years' imprisonment with a 9-year non-parole period.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • ['Convicted on three counts of sexual intercourse without consent, contrary to s 61I Crimes Act 1900.' 'Indicative sentence for each count: 8 years’ imprisonment with a non-parole period of 6 years.' 'Aggregate sentence: 12 years’ imprisonment with a non-parole period of 9 years, commencing 4 January 2021.'...