R v Brisbane (a pseudonym) [2019] NSWDC 785

R v Brisbane (a pseudonym) [2019] NSWDC 785

Given the objective seriousness and aggravating circumstances of the sexual assault, together with the offending on conditional liberty and lack of remorse, an aggregate sentence of 7 years' imprisonment with a non-parole period of 5 years 3 months was appropriate. Indicative sentences for each offence were stated, sentences were found to be just and proportionate applying totality and concurrency principles, and the starting date considered pre-sentence custody.

Jurisdiction
Australia
Judgment Date
12 December 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 7 years with a non-parole period of 5 years 3 months.
Legal Topics
['sexual Intercourse Without Consent' 'domestic Violence' 'perverting the Course of Justice' 'breach of Apprehended Violence Order' 'sentencing']
['criminal Law'] ['sexual Intercourse Without Consent' 'domestic Violence' 'perverting the Course of Justice' 'breach of Apprehended Violence Order' 'sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for sexual intercourse without consent in a domestic violence context' 'Appropriate sentence for doing an act with intent to pervert the course of justice' 'Appropriate sentence for contravention of an apprehended violence order' 'Assessment of objective seriousness and aggravating factors' 'Assessment of prospects of rehabilitation']

Ratio Decidendi

Given the objective seriousness and aggravating circumstances of the sexual assault, together with the offending on conditional liberty and lack of remorse, an aggregate sentence of 7 years' imprisonment with a non-parole period of 5 years 3 months was appropriate. Indicative sentences for each offence were stated, sentences were found to be just and proportionate applying totality and concurrency principles, and the starting date considered pre-sentence custody.

Court Disposition

Aggregate term of imprisonment of 7 years with a non-parole period of 5 years 3 months.

Orders

  • ['Offender is sentenced to an aggregate term of imprisonment of 7 years.' 'Non-parole period fixed at 5 years and 3 months from 14 December 2018 to 13 March 2024.' 'Balance of term is 1 year and 9 months from 14 March 2024 to 13 December 2025.']