R v Berriman [2021] NSWDC 771

District Court New South Wales

Medium Neutral Citation: R v Berriman [2021] NSWDC 771 Hearing dates: 3 September 2021 Date of orders: 6 December 2021 Decision date: 06 December 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentence imposed one of an aggregate sentence of 8 years and 6 months imprisonment with an aggregate non-parole period of 5 years and 6 months. The sentence commences on 11 April 2019 and expires on 10 October 2027. The non-parole period expires on 10 October 2024. Make an Apprehended Domestic Violence Order under s39 of the Crimes (Domestic and Personal Violence) Act which commences today 6 December 2021 and expires on 9 October 2029. Catchwords: CRIME– Sexual offences – Aggravated sexual assault – Threat to inflict actual bodily harm with offensive weapon or instrument

SENTENCING — Aggravating factors — Use of weapon

SENTENCING – Subjective considerations on sentence – Special circumstances Legislation Cited: Crimes Act 1900 (NSW), s 86(2)(b) Crimes Act 1900 (NSW), s 37(1) Crimes Act 1900 (NSW), s 61KC(a) Crimes Act 1900 (NSW), s 61J(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: DPP v De La Rosa (2010) 79 NSWLR 1 Hall v R [2021] NSWCCA 220 Lawson v R [2018] WSWCCA 215 Moiler v R [2021] NSWCCA 73 Category: Sentence Parties: Mitchell Berriman (Offender) Director of Public Prosecutions (Crown) Representation: Counsel: Crown: Ms Steedman Defence: Mr Park File Number(s): 2019/00113994 Publication restriction: Statutory non-publication order regarding the identity of the complainant