R v Simon BRANDT [2022] NSWDC 469

R v Simon BRANDT [2022] NSWDC 469

The offender was convicted of sexual intercourse without consent, having inserted two fingers into the victim's anus after she expressly denied consent. The only appropriate sentence, given the seriousness of the offence, the offender's prospects of rehabilitation, and special circumstances arising from the pandemic, is imprisonment.

Parties
Prosecutor: Director of Public Prosecutions; Offender: Simon Brandt
Jurisdiction
Australia
Judgment Date
20 May 2022
Procedural Posture
Criminal / Sentence After Trial
Outcome
conviction and sentence of imprisonment imposed
Legal Topics
Sexual Offences, Sexual Assault, Consent, Sentencing
Criminal Law Sexual Offences Sexual Assault Consent Sentencing

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Simon Brandt

Offender

Procedural Posture

Criminal / Sentence After Trial

Legal Issues

  1. 1 Whether the offender engaged in sexual intercourse without consent
  2. 2 Appropriate sentence for sexual intercourse without consent under s 61I Crimes Act 1900 (NSW)

Ratio Decidendi

The offender was convicted of sexual intercourse without consent, having inserted two fingers into the victim's anus after she expressly denied consent. The only appropriate sentence, given the seriousness of the offence, the offender's prospects of rehabilitation, and special circumstances arising from the pandemic, is imprisonment.

Court Disposition

conviction and sentence of imprisonment imposed

Orders

  • Impose a sentence of imprisonment of two years and two months, consisting of a non-parole period of 14 months and a balance of term of 12 months.