R v Marsh [2020] NSWDC 892

District Court New South Wales

Medium Neutral Citation: R v Marsh [2020] NSWDC 892 Hearing dates: 11/12/20 Date of orders: 11/12/20 Decision date: 11 December 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 4 years with a NPP of 2 years 3 months (16/12/19-15/3/22). I find special circumstances. The indicative sentences are: Seq 1 – 3 years 6 months with NPP 22 months (Form 1 taken into account). Seq 2 – 3 years with NPP 19 months. Catchwords: Crime – Sentence – Sexual intercourse without consent Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Ibbs v R (1987) 163 CLR 447 Category: Sentence Parties: NSW DPP – Crown Matthew Marsh - Offender Representation: Ms C Hurford for Crown Ms Climo for Offender File Number(s): 2019/389298 Publication restriction: Statutory non-publication order in relation to the identity of the complainant

sentence 1. Mr Matthew Marsh is before the Court for sentence in relation to two offences of sexual intercourse without consent and in relation to the first of those offences, that being the sequence 1 offence, he asks that I take into account a third offence of the same statutory type. The maximum penalties for each of the offences under s 61I of the Crimes Act 1900 is 14 years' imprisonment and a standard non parole period of seven years is specified. The maximum penalty and standard non parole are of course guideposts in the sentencing exercise but not goalposts and I must have regard to them as legislative guides to the appropriate penalty. He has pleaded guilty at an early stage and he is entitled to a 25% discount on account of the utilitarian value of those pleas.