R v Mintern, Neil [2008] NSWDC 276

R v Mintern, Neil [2008] NSWDC 276

The court found that the offending fell below the mid-range of seriousness for s 61J Crimes Act offences due to the mitigating factors: youth, intoxication, lack of planning, difficult upbringing, willingness to rehabilitate, and that special circumstances justified a lower non-parole period than the statutory standard. A guilty plea warranted a 20% discount. Accordingly, the offender was sentenced to three years and six months minimum, and a total of six years and eight months imprisonment.

Parties
Prosecution: Regina; Defendant: Neil Mintern
Jurisdiction
Australia
Judgment Date
13 June 2008
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and custodial sentence imposed.
Legal Topics
Sentencing, Aggravated Sexual Intercourse, Actual Bodily Harm, Plea of Guilty, Standard Non Parole Period
Criminal Law Sentencing Aggravated Sexual Intercourse Actual Bodily Harm Plea of Guilty Standard 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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Neil Mintern

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated sexual intercourse without consent inflicting actual bodily harm
  2. 2 Application of standard non-parole period
  3. 3 Assessment of objective and subjective factors in sentencing

Ratio Decidendi

The court found that the offending fell below the mid-range of seriousness for s 61J Crimes Act offences due to the mitigating factors: youth, intoxication, lack of planning, difficult upbringing, willingness to rehabilitate, and that special circumstances justified a lower non-parole period than the statutory standard. A guilty plea warranted a 20% discount. Accordingly, the offender was sentenced to three years and six months minimum, and a total of six years and eight months imprisonment.

Court Disposition

Conviction and custodial sentence imposed.

Orders

  • Neil William Mintern convicted and sentenced to a minimum term of 3 years and 6 months imprisonment commencing 5 October 2007 and expiring 4 April 2011.
  • Balance of term of 3 years and 2 months, expiring 4 June 2014.