R v Phillip Michael SUMMERFIELD [2019] NSWDC 126

R v Phillip Michael SUMMERFIELD [2019] NSWDC 126

The offender committed serious offences of intimidation, assault occasioning actual bodily harm, and sexual intercourse without consent in a domestic context in breach of apprehended violence orders. Sentences must reflect the seriousness, need for specific and general deterrence, and community protection. An aggregate sentence consistent with s 53A of the Crimes (Sentencing Procedure) Act 1999 is appropriate, with partial accumulation to account for subsequent offending. The offender's background and partial engagement in rehabilitation afford minimal mitigation. Imprisonment is the only appropriate sentence.

Parties
Prosecutor: Director of Public Prosecution (Crown); Offender: Phillip Michael Summerfield
Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Criminal / Sentencing and Appeal
Outcome
Appeal dismissed, sentences confirmed; offender convicted and sentenced to imprisonment.
Legal Topics
Intimidation, Assault Occasioning Actual Bodily Harm, Sexual Intercourse Without Consent, Domestic Violence, Breach of Apprehended Violence Order, Public Justice Offences, Driving While Suspended
Criminal Intimidation Assault Occasioning Actual Bodily Harm Sexual Intercourse Without Consent Domestic Violence Breach of Apprehended Violence Order Public Justice Offences Driving While Suspended

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Parties

Director of Public Prosecution (Crown)

Prosecutor

Phillip Michael Summerfield

Offender

Procedural Posture

Criminal / Sentencing and Appeal

Legal Issues

  1. 1 Appropriate sentence for intimidation, assault occasioning actual bodily harm, and sexual intercourse without consent
  2. 2 Assessment of offence seriousness and range
  3. 3 Application of general and specific deterrence principles in domestic violence cases

Ratio Decidendi

The offender committed serious offences of intimidation, assault occasioning actual bodily harm, and sexual intercourse without consent in a domestic context in breach of apprehended violence orders. Sentences must reflect the seriousness, need for specific and general deterrence, and community protection. An aggregate sentence consistent with s 53A of the Crimes (Sentencing Procedure) Act 1999 is appropriate, with partial accumulation to account for subsequent offending. The offender's background and partial engagement in rehabilitation afford minimal mitigation. Imprisonment is the only appropriate sentence.

Court Disposition

Appeal dismissed, sentences confirmed; offender convicted and sentenced to imprisonment.

Orders

  • Appeal dismissed and convictions confirmed on file 2018/00384329 for s 326(1)(a) of the Crimes Act and s 14(1) of the Crimes (Domestic and Personal Violence) Act.
  • Aggregate sentence of 26 months (15 months non-parole) for appeal offences, to be served first.