R v UNARDI [2018] NSWDC 512

R v UNARDI [2018] NSWDC 512

Although the offender had a powerful subjective case, genuine remorse, no criminal antecedents, low risk of reoffending and excellent rehabilitation prospects, the objective seriousness of digitally penetrating a sleeping complainant in her own bed and home, with her boyfriend present, together with the Form 1 cunnilingus offence, required imprisonment to denounce the conduct, provide general deterrence and make the offender accountable. After allowing the 25% plea discount, special circumstances and credit for restrictive bail, an overall term of 2 years with a 12 month non-parole period was imposed.

Jurisdiction
Australia
Judgment Date
17 December 2018
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Offender convicted and sentenced to an overall term of imprisonment of 2 years with a non-parole period of 12 months and parole period of 12 months.
Legal Topics
['sexual Intercourse Without Consent' 'early Pleas of Guilty' 'form 1 Offence' 'objective Seriousness' 'self Induced Intoxication' 'general Deterrence' 'rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'early Pleas of Guilty' 'form 1 Offence' 'objective Seriousness' 'self Induced Intoxication' 'general Deterrence' 'rehabilitation' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the substantive offence of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900, taking into account a further Form 1 offence.' "Whether the offender's early pleas of guilty warranted the full 25% utilitarian discount." 'Whether any sentence other than imprisonment was appropriate under s 5 of the Crimes (Sentencing Procedure) Act 1999.' "How the offender's subjective circumstances, remorse, low risk of reoffending and prospects of rehabilitation should be balanced against objective seriousness, denunciation and general deterrence."]

Ratio Decidendi

Although the offender had a powerful subjective case, genuine remorse, no criminal antecedents, low risk of reoffending and excellent rehabilitation prospects, the objective seriousness of digitally penetrating a sleeping complainant in her own bed and home, with her boyfriend present, together with the Form 1 cunnilingus offence, required imprisonment to denounce the conduct, provide general deterrence and make the offender accountable. After allowing the 25% plea discount, special circumstances and credit for restrictive bail, an overall term of 2 years with a 12 month non-parole period was imposed.

Court Disposition

Offender convicted and sentenced to an overall term of imprisonment of 2 years with a non-parole period of 12 months and parole period of 12 months.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a non-parole period of 12 months commencing 17 June 2018 and expiring 16 June 2019.' 'Parole thereafter is for 12 months commencing 17 June 2019 and expiring 16 June 2020.' 'The overall term of imprisonment is 2 years commencing 17 June 2018 and expiring 16...