R v Humphreys [2021] NSWDC 311

R v Humphreys [2021] NSWDC 311

A full time aggregate custodial sentence is required, as no penalty other than imprisonment is appropriate for these offences. An aggregate sentence is imposed based on the objective seriousness (just below mid-range for sexual intercourse without consent and low for assault occasioning actual bodily harm), the presence of aggravating circumstances (vulnerability of the victim), and the absence of mitigating factors. Indicative terms are provided: 4 years imprisonment with a 3-year non-parole period for count 1, 6 months for count 6. The sentence commences 4 November 2020, with a non-parole period expiring 3 January 2024 and head sentence expiring 3 February 2025.

Parties
Prosecutor: Regina (ODPP); Offender: Jason Humphreys
Jurisdiction
Australia
Judgment Date
12 July 2021
Procedural Posture
Criminal / Sentencing After Trial by Jury
Outcome
Full time custodial sentence imposed
Legal Topics
Sentence, Sexual Intercourse Without Consent, Assault Occasioning Actual Bodily Harm, Aggregate Sentence
Criminal Law Sentence Sexual Intercourse Without Consent Assault Occasioning Actual Bodily Harm Aggregate Sentence

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Parties

Regina (ODPP)

Prosecutor

Jason Humphreys

Offender

Procedural Posture

Criminal / Sentencing After Trial by Jury

Legal Issues

  1. 1 Appropriate sentence for count 1: sexual intercourse without consent in breach of section 61I of the Crimes Act 1900 (NSW)
  2. 2 Appropriate sentence for count 6: assault occasioning actual bodily harm in breach of section 59 of the Crimes Act 1900 (NSW)
  3. 3 Whether any aggravating or mitigating factors apply under section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

A full time aggregate custodial sentence is required, as no penalty other than imprisonment is appropriate for these offences. An aggregate sentence is imposed based on the objective seriousness (just below mid-range for sexual intercourse without consent and low for assault occasioning actual bodily harm), the presence of aggravating circumstances (vulnerability of the victim), and the absence of mitigating factors. Indicative terms are provided: 4 years imprisonment with a 3-year non-parole period for count 1, 6 months for count 6. The sentence commences 4 November 2020, with a non-parole period expiring 3 January 2024 and head sentence expiring 3 February 2025.

Court Disposition

Full time custodial sentence imposed

Orders

  • Offender convicted of sexual intercourse without consent in breach of section 61I of the Crimes Act 1900 (NSW) and assault occasioning actual bodily harm in breach of section 59 of the Crimes Act 1900 (NSW).
  • Aggregate term of imprisonment: non-parole period of 3 years 2 months (commencing 4 November 2020, expiring 3 January 2024), balance of term 1 year 1 month, head sentence 4 years 3 months (expiring 3 February 2025).