R v Mills [2019] NSWDC 814

R v Mills [2019] NSWDC 814

The offender is sentenced to four years imprisonment for sexual intercourse without consent with a non-parole period of two years, reduced from the statutory relationship on the finding of special circumstances due to age, first time in custody, and need for extended supervised parole for rehabilitation.

Jurisdiction
Australia
Judgment Date
29 August 2019
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
['sexual Intercourse Without Consent' 'sentencing' 'special Circumstances' 'parole' 'discount for Guilty Plea']
['criminal Law'] ['sexual Intercourse Without Consent' 'sentencing' 'special Circumstances' 'parole' 'discount for Guilty Plea']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['appropriate sentence for sexual intercourse without consent contrary to s 61I of the Crimes Act 1900' 'assessment of offence seriousness and subjective circumstances' 'finding of special circumstances justifying reduced non-parole period']

Ratio Decidendi

The offender is sentenced to four years imprisonment for sexual intercourse without consent with a non-parole period of two years, reduced from the statutory relationship on the finding of special circumstances due to age, first time in custody, and need for extended supervised parole for rehabilitation.

Court Disposition

convicted and sentenced

Orders

  • ['Convicted of sexual intercourse without consent contrary to s 61I Crimes Act 1900.' 'Sentenced to imprisonment for four years commencing 23 July 2018 and expiring 22 July 2022.' 'Non-parole period of two years commencing 23 July 2018 and expiring 22 July 2020.' 'Balance of term two years commencing 23 July 2020...