R v Cruise [2022] NSWDC 498

District Court New South Wales

Medium Neutral Citation: R v Cruise [2022] NSWDC 498 Hearing dates: 14/2/22-21/2/22, 23/2/22, 25/3/22, 8/4/22, 20/5/22, 14/6/22, 16/6/22 Date of orders: 16/6/22 Decision date: 16 June 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate sentence of four years with a NPP of two years nine months (21/4/22-20/1/25). Indicatives: Count 1 - seven months imprisonment. Count 2 - three years nine months imprisonment Catchwords: Crime – Sentence – Assault occasioning actual bodily harm – Inflict actual bodily harm with intent to have sexual intercourse – Offences occurred in a custodial setting. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Behman v R [2014] NSWCCA 239 Bugmy v R [2013] HCA 37 Nasrallah v R [2021] NSWCCA 207 Category: Sentence Parties: NSW DPP – Crown Peter James Cruise - Offender Representation: Mr C Young for Crown Mr P Kondich for Offender File Number(s): 2020/104640 Publication restriction: Statutory non-publication of the identity of the complainant.

sentence 1. The offender Peter Cruise is for sentence in relation to two offences. Count 1 on the indictment is an offence under s 56(1) of the Crimes Act 1900, that on 14 January 2019 he assaulted CS, occasioning actual bodily harm to CS. The maximum penalty for that offence is five years imprisonment. The offender pleaded guilty to that offence on the day his trial was due to commence. Accordingly, he is entitled to a discount of 5% on account of the utilitarian value of that plea. 2. Count 2 on the indictment is an offence under s 61K(a) of the Crimes Act 1900 that on 23 January 2019, he intentionally inflicted actual bodily harm on CS with intent to have sexual intercourse with him. The maximum penalty for that offence is 20 years imprisonment. The offender pleaded not guilty to that offence, however, after a judge alone trial before myself at the Newcastle Local Court which commenced on 14 February 2022, I found him guilty of that offence. The maximum penalties to which I have referred are important guideposts in the sentencing exercise to which I have had regard. 3. The trial of the offender and a then co-accused Michael Zeiser on count 2 and an alternative count 3, took place at the District Court at Newcastle over about three days from 14 to 17 February 2022. While I initially proposed to deliver my verdict and reasons on 21 February 2022, this date was altered to 23 February as I was informed that the offender could not attend court because he was unwell. 4. On 23 February Mr Cruise apparently was again unwell and the proceedings were adjourned to 10 March 2022. However, on 9 March 2022, I was again informed that Mr Cruise was unwell and I made a chambers order that the proceedings be listed for decision on 25 March 2022 at Newcastle. On that date when Mr Zeiser appeared via AVL from custody, Mr Cruise failed to attend court. On that occasion, the offender's lawyers were granted leave to withdraw from the proceedings, after informing the Court that they had confirmed to their client that he was required to attend on 25 March 2022. It was on that day that I delivered my verdict and reasons in which I found Mr Zeiser not guilty of either offence but Mr Cruise guilty on count 2. On that day, I directed that a warrant be issued for his arrest. Mr Cruise was arrested on 21 April 2022 and ultimately, a sentence hearing took place before me here at the Downing Centre on Tuesday 14 June 2022.