R v Bullaman [2022] NSWDC 588

R v Bullaman [2022] NSWDC 588

Taking into account the offender's prior criminal history, nature and circumstances of the offending, subjective factors including disadvantage and institutionalisation, objective seriousness assessed at lower end of mid-range, aggravating and mitigating factors, and special circumstances due to COVID-19 prison conditions and rehabilitation prospects, the appropriate sentence is 4 years imprisonment for sexual intercourse without consent with a non-parole period of 2 years, and conviction with no further penalty for carrying a cutting weapon.

Parties
Crown: Director of Public Prosecutions; Offender: Duncan Andrew Bullaman
Jurisdiction
Australia
Judgment Date
25 November 2022
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and full-time custodial sentence for sexual intercourse without consent; conviction with no further penalty for carrying cutting weapon.
Legal Topics
Sentencing, Sexual Offence, Aggravating Factors, Mitigating Factors, Objective Seriousness, Special Circumstances
Criminal Law Sentencing Sexual Offence Aggravating Factors Mitigating Factors Objective Seriousness Special Circumstances

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Parties

Director of Public Prosecutions

Crown

Duncan Andrew Bullaman

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Assessment of objective seriousness of sexual intercourse without consent
  2. 2 Consideration of aggravating and mitigating factors in sentencing
  3. 3 Determination of special circumstances affecting sentencing

Ratio Decidendi

Taking into account the offender's prior criminal history, nature and circumstances of the offending, subjective factors including disadvantage and institutionalisation, objective seriousness assessed at lower end of mid-range, aggravating and mitigating factors, and special circumstances due to COVID-19 prison conditions and rehabilitation prospects, the appropriate sentence is 4 years imprisonment for sexual intercourse without consent with a non-parole period of 2 years, and conviction with no further penalty for carrying a cutting weapon.

Court Disposition

Conviction and full-time custodial sentence for sexual intercourse without consent; conviction with no further penalty for carrying cutting weapon.

Orders

  • Offender convicted under s61I Crimes Act 1900 of sexual intercourse without consent.
  • Sentence of 4 years imprisonment with non-parole period of 2 years commencing 22 February 2021 and expiring 21 February 2023.