R v Humphreys [2021] NSWDC 311

District Court New South Wales

Medium Neutral Citation: R v Humphreys [2021] NSWDC 311 Hearing dates: 21 June 2021; 12 July 2021 Date of orders: 12 July 2021 Decision date: 12 July 2021 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Full time custodial sentence imposed. Decision at [43] – [44] Catchwords: CRIME - sentence after trial by jury - guilty verdict on 2 counts - fact finding after trial - sexual intercourse without consent - assault occasioning actual bodily harm - aggregate sentence - full time custodial sentence - no special circumstances Legislation Cited: Crimes Act 1900 (NSW) ss 59, 61I Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A Cases Cited: Cheung v The Queen (2001) 209 CLR 1 R v Crickitt (No 2) [2017] NSWSC 542 R v Isaacs (1997) 41 NSWLR 374 Savvas v The Queen (1995) 183 CLR 1 Texts Cited: None Category: Sentence Parties: Regina (ODPP) Jason Humphreys (Offender) Representation: Counsel: Dr Hughes (ODPP) Mr Phillips (Offender)

Solicitors: ODPP Solicitor (ODPP) Mr Enright (Offender) File Number(s): 2019/107681 Publication restriction: None

REMARKS ON SENTENCE

Introduction 1. The Offender presented at trial on 21 June 2021. He was arraigned on an Indictment containing 6 counts (count 6 being an alternative to count 5). Counts 2 and 3 were not left to the jury and verdicts of not guilty were entered by direction. The jury found the Offender not guilty on counts 4 and 5 but guilty on count 1 and count 6. 2. Count 1 was a charge of sexual intercourse without consent in breach of section 61I of the Crimes Act 1900 (NSW). It carries a maximum penalty of 14 years' imprisonment with a standard non-parole period of 7 years' imprisonment. 3. Count 6 was a charge of assault occasioning actual bodily harm in breach of section 59 of the Crimes Act, and carries a maximum penalty of 5 years' imprisonment. 4. The maximum penalties and the standard non-parole period are guideposts for a sentencing judge, and reflect the seriousness with which the community, through Parliament, views the offending. 5. The standard non-parole period is a matter to be taken into account as part of the determination of sentence. It applies to an offence found within the middle of the range of objective seriousness for such an offence, taking into account only objective factors, and without bringing to account matters that are unique to the Offender or the class of the Offenders. Ultimately, though, the standard non-parole period is but a factor to be taken into account in the sentencing exercise, together with the objective and subjective matters which are considered in synthesis.