NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v SS [2022] NSWDC 399 Hearing dates: 11 – 12 August 2022 Date of orders: 01 September 2022 Decision date: 01 September 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [92] Catchwords: SENTENCE – Aggravated sexual assault – Sexual intercourse without consent – Domestic violence -Strong subjective case – mental impairment – Reduced moral culpability. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 197 Luque v R [2017] NSWCCA 226 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Moiler v R [2021] NSWCCA 73 Pearce v The Queen [1998] HCA 57 Texts Cited: None Category: Sentence Parties: Regina SS Representation: Counsel: Mr A O'Connor (Crown) Ms A Betts (Defence)
Solicitors: Mr J Jones (ODPP) Mr R Hill (Defence File Number(s): 2018/00393105 Publication restriction: Non-publication of any matter which may identify or lead to the identification of the complainant/victim (s578A Crimes Act). Suppression order relating to offenders name. Order pursuant to section 7 Court Suppression and Non-Publications Orders Act, 2010, no publication of any matter identifying the child involved in these proceedings.
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