R v Copas [2020] NSWDC 829

District Court New South Wales

Medium Neutral Citation: R v Copas [2020] NSWDC 829 Hearing dates: 2/7/20, 30/7/20 Date of orders: 30/7/20 Decision date: 30 July 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to imprisonment for 5 years 6 months with a NPP of 3 years 6 months (18/12/18-17/6/22). I find special circumstances. I take the matters on the Form 1 into account. Catchwords: Crime – Sentence – Aggravated sexual intercourse without consent – Under authority Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: KAB v R [2015] NSWCCA 55 Perkins v R [2018] NSWCCA 62 Category: Sentence Parties: NSW DPP – Crown Matthew David Copas - Offender Representation: Mr G Kidd for Crown Mr B Bickford for Offender File Number(s): 2018/388399

sentence 1. Mr Matthew David Copas is before the Court for sentence for an offence under s 51J of the Crimes Act 1900, being an offence of sexual intercourse without consent, in circumstances of aggravation, namely, that at the time of the offence the victim was under his authority. That offence carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years is specified. 2. In addition, the offender asks that in sentencing him for that offence I take into account on a Form 1 three other offences under s 61KD of the Crimes Act 1900, to which he admits - being three offences of sexually touching the victim without consent, in circumstances of aggravation, in that, at the time of the offences, the victim was under his authority. The maximum penalty for each of those offences is seven years imprisonment and a standard non-parole period of five years is specified. The maximum penalties and the standard non-parole period are of course important legislative guideposts to which I have had regard in determining the sentence. 3. The offender pleaded guilty to the offence at the earliest opportunity and is entitled to a discount of 25 per cent on account of the utilitarian value of that plea.