R v Copper* [2012] NSWDC 304

R v Copper* [2012] NSWDC 304

A sentence of 2 years imprisonment is imposed for sexual intercourse without consent, knowing the person does not consent, falling at the lower end of seriousness for such crimes. The sentence is suspended for the whole period due to the offender's youth, rehabilitation prospects, substantial time already served, and unprecedented contrition, with a good behaviour bond being a sufficient and appropriate response in the circumstances.

Jurisdiction
Australia
Judgment Date
31 October 2012
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentence of 2 years imprisonment imposed; sentence suspended for the whole period under a good behaviour bond for 2 years with specified conditions.
Legal Topics
['sexual Assault' 'sentence' 'suspended Sentence' 'objective Seriousness' 'guilty Plea' 'contrition' 'rehabilitation' 'youthful Offender']
['criminal Law'] ['sexual Assault' 'sentence' 'suspended Sentence' 'objective Seriousness' 'guilty Plea' 'contrition' 'rehabilitation' 'youthful Offender']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for sexual intercourse without consent knowing the person does not consent' "Whether a suspended sentence is appropriate given the offender's circumstances"]

Ratio Decidendi

A sentence of 2 years imprisonment is imposed for sexual intercourse without consent, knowing the person does not consent, falling at the lower end of seriousness for such crimes. The sentence is suspended for the whole period due to the offender's youth, rehabilitation prospects, substantial time already served, and unprecedented contrition, with a good behaviour bond being a sufficient and appropriate response in the circumstances.

Court Disposition

Convicted; sentence of 2 years imprisonment imposed; sentence suspended for the whole period under a good behaviour bond for 2 years with specified conditions.

Orders

  • ['Offender convicted of sexual intercourse without consent knowing the person does not consent.' 'Imprisonment for 2 years imposed.' 'Under s 12(1) of Crimes (Sentencing Procedure) Act 1999, execution of the whole sentence suspended for the whole period.' 'Offender to be released from custody upon entering into a...