R v Leigh PATTINSON [2022] NSWDC 475

District Court New South Wales

Medium Neutral Citation: R v Leigh PATTINSON [2022] NSWDC 475 Hearing dates: 17 May 2022 Date of orders: 27 May 2022 Decision date: 27 May 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentence imposed of 2 years and 6 months imprisonment, consisting of a non-parole period of 1 year and 6 months and a balance of term of 12 months. Catchwords: CRIME – Violent offences – Choking, suffocation or strangulation SENTENCING - Aggravating factors - Home of victim or any other person Legislation Cited: Crimes Act 1900 (NSW), s 37(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A, s 3A Cases Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 5(1)(c), s 40 Category: Sentence Parties: Director of Public Prosecutions (Crown)

Kells Lawyers (Offender) File Number(s): 2019/00393076 Publication restriction: Statutory non-publication order regarding identity of complainant

Judgment

Introduction 1. The offender, Leigh James Pattinson, stood trial before me sitting without a jury on an indictment containing nine counts, all of which were alleged to have been committed during a single incident particularised as being between 27 August and 30 August 2019. In fact, it seems on 28 August 2019 at Seven Hills. Counts 1, 2, 3, 4, 5, 6 and 8 were in identical terms. They each allege an offence that between 27 August 2019 and 30 August 2019 the accused had sexual intercourse with DW, without her consent, knowing she was not consenting, and at the time of the offence did inflict actual bodily harm upon DW. Count 7 was an allegation that the offender intentionally incited DW to sexually touch him without DW's consent to the touching and knowing she was not consenting. I found the offender not guilty of counts 1 to 8 for the reasons I gave in my verdict judgment on 14 April 2022. 2. Count 9 was an allegation that the offender intentionally choked DW and was reckless as to rendering her unconscious. I found the offender guilty of that charge when I delivered my verdict judgment for the reasons I then gave. The offence in count 9 is an offence under s 37(1) of the Crimes Act and has a maximum penalty of ten years imprisonment. There is no applicable standard non-parole period. These are sentence proceedings after trial and I am required to find the facts consistent with my verdict judgment. To the extent that I find a fact adverse to the offender, then I must be satisfied of that fact beyond reasonable doubt. I find the following facts for the purposes of sentencing which are essentially facts I found during the verdict judgment.